IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4107 of 2009 CRIME NO.928 OF 2009 OF KOTTARAKARA POLICE STATION CRMP.1965/2009 of D.C. & SESSIONS COURT,KOLLAM PETITIONER: ACCUSED: -------------------- THULASIDHARAN PILLAI, AGED 46YEARS, (PRESENTLY IN CUSTODY), S/O. GOPALAPILLAI, KIZHAKKETHERUVU, MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE KOTTARAKKARA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4107 OF 2009 ------------------------------------------------------ Dated this the 27th July, 2009 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.2 in Crime No.928 of 2009 of Kottarakara Police Station. 2. The offence alleged against the petitioner is under Sections 341, 294(b), 323 and 304 read with Section 34 of the Indian Penal Code. 3. The occurrence was on 7.6.2009. The petitioner was arrested on 22.6.2009. B.A.No.3937 of 2009 filed by the first accused was allowed by me as per the order dated 22.7.2009. 4. 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 investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4107 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kottarakkara, 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, 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 ahz/