IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5803 of 2009() ----------------------------------------- AGAINST THE ORDER DATED 17/07/2009 IN CMP 2850/09 IN CMP.2849/2009 of J.M.F.C. - I, PARAVUR CRIME NO. 402/2009 OF VARAPPUZHA POLICE STATION. .................... PETITIONER/ACCUSED: ------------------------------------ JOBY @ JOSEPH JOBY, AGED 25 YEARS, S/O.AUGUSTINE, MANAPPURATH HOUSE CHARIYAMTHURUTH KARA, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY C.I.OF POLICE, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5803 of 2009 ------------------------------------ Dated this the 14th day of October, 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. 402/2009 of Varappuzha Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 307, 302 and 212 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12/7/2009. The petitioner was arrested on 15/7/2009. According to the petitioner, he surrendered before the court on that day. The learned counsel for the petitioner pointed out that accused Nos.2, 3 and 4 were granted bail as per the order dated 1/10/2009 in B.A. No.5367/2009. 4. The learned Public Prosecutor pointed out that if the petitioner goes to any place within the Varappuzha Police Station limits, there is danger to his life, in view of the peculiar situation available in the locality. The learned counsel for the petitioner B.A. No. 5803/2009 2 submitted that the petitioner is prepared to comply with any conditions that may be imposed by this Court. 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, North Paravur 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 Varappuzha Police Station for a period of two months except for complying with Condition Nos. A and B. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while B.A. No. 5803/2009 3 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