IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 1300 of 2010() ----------------------------- CRIME NO.39/2010 OF KOTTARAKKARA POLICE STATION PETITIONER : ACCUSED NO.1 ------------------------------------------ SAJI BABY, S/O.BABYKUTTY, AGED 38 YEARS KARAPPALLIL HOUSE, KURUMPELI JUNCTION THALACHIRA, CHAKKUVARAKKAL VILLAGE KOLLAM DISTRICT. BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1300 of 2010 --------------------------------------------- Dated this the 5th day of March, 2010 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.39 of 2010 of Kottarakkara Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 31.12.2009. The petitioner was arrested on 18.2.2010 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.1300/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, 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