IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 182 of 2010() -------------------------------- CMP.10759/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO. 389/2007 OF BALARAMAPURAM POLICE STATION .................... PETITIONER: --------------- SANTHOSH KUMAR @ ANIL KUMAR, S/O.MANIYAN, KAVALAKKONAM HOUSE, PUTHUVITTUMELE, PERUKAVU P.O., VILAVOORKKAL VILLAGE. BY ADV. SRI.B.HARISH KUMAR RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 182 of 2010 ------------------------------------ Dated this the 18th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 389/2007 of Balaramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 143, 144, 149, 120-B, 364, 324, 326 and 307 of the Indian Penal Code. 3. The date of occurrence was on 19.10.2007. The allegation is that the accused persons, who came in a car, deliberately hit on the motor bike driven by the de facto complainant and he was forcibly taken by the accused persons. The de facto complainant was locked in a room and he was manhandled by the accused. It is alleged that the offence was committed due to previous enmity. 4. The petitioner was arrested in connection with Crime No. 428/2009 of Valappad Police Station. His formal arrest was recorded in the present case on 17.11.2009. 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 present stage of B.A. No. 182 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 ln