IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3397 of 2009() ----------------------------- CRIME NO.562 OF 2009 OF KUNDARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- PRAMOD, S/O.KOCHU KUNJU, AGED 26 YEARS, CHARUVILAPUTHEN VEEDU, KOTTANKARACHERRY, KOTTANKARA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.562 OF 2009 OF KUNDARA POLICE STATION, KOLLAM DISTRICT). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3397 of 2009 -------------------------------- Dated this the 25th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sixth accused in Crime No.562 of 2009 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The incident allegedly occurred on 31.5.2009. The petitioner was arrested on 8.6.2009. He is in judicial custody. 4. It is submitted by the learned counsel for the petitioner that the injuries sustained by the defacto complainant are simple in nature. 5. The learned public prosecutor submitted that the investigation is at the final stage. 6. 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. BA No.3397 /2009 2 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, 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 csl