IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6928 of 2009 CRIME NO.637 OF 2009 OF ERAVIPURAM POLICE STATION, KOLLAM. PETITIONER/3RD ACCUSED ------------------------------------------ SURYAVEERAN,S/O.MANOJ, PUTHENVILA VEEDU, DHAVALAKUZHAI MAHAVISHNU TEMPLE (BACK), AKKOLILCHERRY,MAYYANADU VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6928 OF 2009 ------------------------------------------------------ Dated this the 26th 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 the third accused in Crime No.637 of 2009 of Eravipuram Police Station. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 8.11.2009. The petitioner was arrested on 11.11.2009. 4. Learned Public Prosecutor submitted that two persons are yet to be identified and arrested. Learned counsel for the petitioner submitted that those two persons have filed applications for anticipatory bail and, therefore, there is no question of any difficulty in identifying them. The petitioner is prepared to abide by any condition that may be imposed for granting bail. B.A. NO. 6928 OF 2009 :: 2 :: 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 investigation, I am of the view that bail can be granted to the petitioner. 6. 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-II, 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 enter the limits of Eravipuram Police Station for a period of two months; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/