IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7396 of 2009 CRIME NO.781 OF 2002 OF KOTTARAKKARA POLICE STATION PETITIONERS/ACCUSED NO.4: --------------------------------------- JOY, S/O.ABRAHAM, NIRAPPUVILA PUTHEN VEEDU, KAKKATHANAM, VILANGARA MURI, UMMANNOOR VILLAGE. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7396 OF 2009 ------------------------------------------------------ Dated this the 23rd day of December, 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.4 in Crime No.781 of 2002 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 450, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 2.9.2002. The petitioner could be arrested only on 26.11.2009 as he was absconding. 4. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any condition that may be imposed by the 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. B.A. NO. 7396 OF 2009 :: 2 :: 6. 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, Kottarakkara, 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, 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 surrender his passport, within one week from the date of release on bail, before the Judicial Magistrate of the First Class-I, Kottarakkara. If the petitioner does not hold a passport, an affidavit to that effect shall be filed. d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/