IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3382 of 2009 CRIME NO.523 OF 2009 OF PALARIVATTOM POLICE STATION PETITIONER/ACCUSED NO2 ------------------------------------------ RIYAS @ SHIYAS, AGED 27, S/O.BASHEER, PUTHUKATTUVEETTIL, VENNALA KARA, EDAPPALLY SOUTH VILLAGE. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT: --------------- KERALA STATE REPRESENTED BY THE S.H.O. PALARIVATOM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3382 OF 2009 ------------------------------------------------------ Dated this the 24th June, 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.3 in Crime No.523 of 2009 of Palarivattom Police Station. 2. The offences alleged against the petitioner are under Sections 324, 326, 365 and 308 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested on 18.5.2009 and he is in judicial custody. Accused No.2 was granted bail as per the order dated 15.6.2009 in B.A.No.3171 of 2009. Learned counsel for the petitioner submitted that the first accused was also released on bail. 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. 5. The petitioner shall be released on bail on his executing bond B.A. NO. 3382 OF 2009 :: 2 :: for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Ernakulam, 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/