IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6236 of 2009() ----------------------------- CRIME NO.323/09 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER : ACCUSED ------------------------------------ KRISHNA KUMAR.S.V., (A9), S/O.SREEDHARAN NAIR, SREELAM, T.C.9/2222, KURUP'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6236 of 2009 --------------------------------------------- Dated this the 11th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.323 of 2009 of Museum Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 1.6.2009. After completing the investigation, charge was laid in the case on 29.8.2009. It is alleged that the petitioner was absconding. He surrendered before court on 13.10.2009 after the charge was filed. The petitioner was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that as per Annexure B order dated 16.9.2009, bail was granted to accused Nos.2 and 11. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that charge was BA No.6236/2009 2 laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Museum Police Station, Thiruvananthapuram between 9 A.M. and 11 A.M. on every Monday and Thursday, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl