IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5795 of 2009 SESSIONS CASE NO.300 OF 2009 ON THE FILE OF THE ADDITIONAL SESSIONS COURT AD HOC – II, ERNAKULAM CRIME NO.1034 OF 2009 OF KOTHAMANGALAM POLICE STATION. PETITIONER: ACCUSED: ---------------------------- ABOOBACKER @ ABU, AGED 30 YEARS, S/O.MAIDEEN, RESIDING AT NARANAKOTTIL HOUSE, NELLIKUZHI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY C.I. OF POLICE, KOTHAMANGALAM POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5795 OF 2009 ------------------------------------------------------ Dated this the 12th 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 the accused in Sessions Case No.300 of 2009 on the file of the Additional Sessions Court Ad-hoc II, Ernakulam (Crime No.1034 of 2009 of Kothamangalam Police Station). 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 7.5.2009. The petitioner was arrested on 11.5.2009 and he is in judicial custody since then. The charge was laid in the case. Now the case is numbered as SC.No.300 of 2009. 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 fact that charge was laid in the B.A. NO. 5795 OF 2009 :: 2 :: case, I am of the view that bail can be granted to the petitioner on stringent conditions. 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 Additional Sessions Court Ad-hoc II, Ernakulam, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kothamangalam Police Station between 9 A.M. and 11 A.M. on every Monday, until further orders; b) The petitioner shall not enter the limits of Kothamangalam Police Station until further orders, except for complying with condition (a); 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/