IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Bail Appl..No. 5710 of 2010() ---------------------------------- (C.C. NO.452/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL CRIME NO.354/2006 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .................. PETITIONER(S)/2ND ACCUSED(IN CUSTODY) ----------------------------------------------------- JIJITH@GOPALAN,S/O.MOHANDAS @ BABY, NEAR ELLUVILA MADAN NADA,PUTHIYAKAVU, KUNNUMMEL,PAZHAYAKUNNUMMEL VILLAGE. BY ADV. SRI.M.DINESH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 5710 of 2010 - - - - - - - - - - - - - - - - DATED: 23-09-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No. 354 of 2006 of Kilimanoor Police Station for an offence punishable under Sec. 394 I.P.C. seeks his enlargement on bail. Petitioner surrendered on 16-7-2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. The learned Public Prosecutor opposed the application submitting inter alia that ever since the registration of the crime, the petitioner has been absconding and consequent on his surrendering before the Magistrate on 16-7-2010 he was remanded to judicial custody and there are three other cases pending against the petitioner. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on B.A. No. 5710 of 2010 -:2:- bail with effect from 30-09-2010 on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.II, Attingal, and subject to the following conditions: 1. The petitioner shall report before the Chief Ministerial Officer of the J.F.C.M. II, Attingal between 10 a.m. and 11 a.m. on all Mondays and Thursdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 23rd day of September, 2010. Sd/- V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge ani. B.A. No. 5710 of 2010 -:3:-