IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 3007 of 2009() ----------------------------- CRIME NO.108/09 OF VALAPATTANAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- BINEESH.P.K., S/O.MUKUNDAN, AGED 24 YEARS, CHERUPAZHAZZI, CHATTUKAPPARA AMSOM DESOM, KANNUR. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (SHO, VALAPATTANAM POLICE STATION). PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 3007 of 2009 ----------------------------------------- Dated this the 4th 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 the accused in Crime No.108/09 of Valapattanam Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that there is nothing to indicate that the offence as alleged was committed. It is not necessary to consider the said contention in the bail application. The learned Public Prosecutor submitted that the charge was laid in the case. There is nothing to indicate that if the petitioner is released on bail, he will try to influence the witnesses or make himself scarce. The petitioner was arrested on 3.3.2009 and he is in judicial custody since then. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA.3007/09 2 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 for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thalassery, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.