IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Bail Appl..No. 5341 of 2008() ----------------------------- CRIME NO.175/2006 OF KANNUR CITY POLICE STATION PETITIONER/ ACCUSED NO.6 ----------------------------------------- ABDUL HALIM, S/O.LATE USMAN, AGED 31 YEARS RESIDING AT THAYAKATH HOUSE, VAZHAKKA THERU, KANNUR CITY.P.O, KANNUR DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: ------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.75 OF 20006 OF KANNUR CITY POLICE STATION) BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5341 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August,2008 O R D E R Application for bail. 2. The alleged offences are under sections 109, 302 read with section 34 IPC. The case was originally registered under sections 279 & 304A IPC. Petitioner is the 6th accused in the crime and he was arrested on 13-5-2008. According to prosecution, he abetted the commission of crime. 3. Petitioner is in custody for the past more than 90 days. Hence, Learned Public Prosecutor submitted that petitioner is entitled for statutory bail under proviso to section 167(2) Cr.P.C., since charge sheet has not been laid so far. He submits that stringent condition may be imposed, since petitioner is involved in other crimes. 4. Hence, bail is granted to petitioner on the following terms and conditions:- 1) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount BA 5341/08 -2- to the satisfaction of the learned Magistrate. 2) Petitioner shall report before the Investigating Officer on every Monday. Wednesday and Saturday between 6 p.m. and 8 p.m. until further orders. 3) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.