IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6436 of 2009() ---------------------------------------- CMP.6637/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.479/2008 OF NEYYATINKARA POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: -------------------------------------- JAYAN, S/O.SUSEELAN PANICKER, GEETHA BHAVAN, ALUVILA, KULATHAMMAL DESOM, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: --------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.479 OF 2008 OF NEYYATTINKARA POLICE STATION). SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6436 of 2009 ------------------------------------ Dated this the 6th day of November, 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.1 in Crime No.479/2008 of Neyyattinkara Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 452, 341, 323, 324 and 326 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 24/8/2008. The petitioner was arrested only on 24/10/2009. 4. The petitioner had filed B.A. No.6420/2008 for anticipatory bail. That application was dismissed on 6/11/2008 directing the petitioner to surrender before the court and to cooperate with the investigating agency. He did not do so. Thereafter the petitioner filed B.A. No. 5306/2009 under Section 438 of the Code of Criminal Procedure, which was dismissed by the order dated 17/9/2009. It was only thereafter B.A. No. 6436 / 2009 2 the petitioner was arrested on 24/10/2009. 5. It is submitted that the de facto complainant is a known goonda and a habitual offender and several cases are pending against him. It is also pointed out that the petitioner is the de facto complainant in Crime No.477/2007 of Neyyattinkara Police Station, in which, the first accused is the de facto complainant in the present case. In Crime No.477/2007, the offence alleged is under Section 307 read with Section 34 of the Indian Penal Code. It is submitted that in that case charge was laid and the case is ripe for trial. 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 on stringent conditions. 7. 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-I, Neyyattinkara subject to the following conditions:- B.A. No. 6436 / 2009 3 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays,Wednesdays and Fridays for a period of two months and thereafter on every Monday 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 scm