IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9251 of 2011() ----------------------------- CRIME NO.227/2011 OF VENMONY POLICE STATION ALAPPUZHA DISTRICT PETITIONER : ACCUSED : ------------------------ BIJU, AGED 37 YEARS, S/O.SUALIMAN RAVTHAR, CHARUVIL HOUSE, CHERIYANAD PANCHAYATH WARD NO.III. CHERUVALLUR MURI, CHERIYANAD VILLAGE, CHENGANNUR. BY ADV. SMT.ASHA ELIZABETH MATHEW RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9251 of 2011 ---------------------------------------------- Dated this the 15th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.227 of 2011 of Venmony Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 436 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20/08/2011 at 10.30 P.M., the accused set fire to a fancy store belonging to the de facto complainant housed in a temporary shed, causing a loss of `2,500/- to the de facto complainant. 4. The petitioner was arrested on 06/10/2011 and he was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the petitioner is involved in six criminal cases and he is included in the Rowdy list of the Police Station. The learned Public Prosecutor also submitted that the investigation is not over. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.9251/2011 : 2 : 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 only with effect from 30/11/2011. 7. The petitioner shall be released on bail with effect from 30/11/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) 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 and Thursdays for a period of two months and thereafter on 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. Bail Appln.No.9251/2011 : 3 : 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 skj