IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7431 of 2009() ----------------------------- CRIME NO.744/09 OF CHENGANNUR POLICE STATION .................... PETITIONER/6TH ACCUSED ------------------------------------------ PRAVEEN @ BABUKUTTAN, AGED 28 YEARS, S/O.PAPPACHAN, MADAVANA LAKSHAMVEEDU COLONY, KARACKATHARA, PRAYAR VADAKKUMMURI, PANDANADU P/W-111, PANDANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.ISSAC NINAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7431 of 2009 --------------------------------------------- Dated this the 17th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.744 of 2009 of Chengannur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 323, 341 and 302 of the Indian Penal Code. 3. The date of occurrence was on 28.9.2009. The petitioner was arrested on 14.10.2009. The learned counsel for the petitioner submitted that even going by the prosecution case, the accused persons have not used any weapon for commission of the offence. It is also pointed out that the deceased was involved in several criminal cases. 4. As per the order dated 25th November, 2009 in Bail Application No.6842 of 2009, bail was granted to accused Nos.1 and 2. 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 BA No.7431/2009 2 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 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Chengannur, 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