IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5077 of 2009() ----------------------------- CRIME NO.289/2009 OF PALODU POLICE STATION PETITIONER/ACCUSED NO.2 -------------------------------------- DAVID @ SASI, S/O.LATE ACHUTHAN NADAR, SHINE HOUSE, VANMARATHU VALAKOM, KOVILOOR, KUDAPPANAMOODU P.O., VELLARADA VILLAGE, NEYYATTINKARA. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, PALODU POLICE CIRCLE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5077 of 2009 --------------------------------------------- Dated this the 15th day of September, 2009 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.289 of 2009 of Palodu Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 302 read with Section 34 of the Indian Penal Code. 3. The petitioner moved Bail Application No.4675 of 2009 for regular bail which was dismissed by me on 20th August 2009. The learned Public Prosecutor submitted that the investigation is at the final stage. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing BA No.5077/2009 2 bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, 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 enter into the limits of Palodu Police Station for a period of two months except for complying with conditions (a) and (b). 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 csl