IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3368 of 2009() ----------------------------- CRIME NO.123 OF 2009 OF KANNUR TOWN POLICE STATION PETITIONER/ACCUSED NO.3 ------------------------------------------- M.SMIJO @ CHIKKU, S/O.SAJEEVAN, MOOPPARAKATH HOUSE, P.O.THAYYIL, KANNUR. BY ADV. SRI.T.P.PANKAJAKSHAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3368 of 2009 --------------------------------- Dated this the 24th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused No.3 in Crime No.123 of 2009 of Kannur Town Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 153A and 436 read with Section 149 of the Indian Penal Code. 3. The petitioner was arrested in connection with the Crime No.53 of 2009 on 25.4.2009. His formal arrest was recorded in the present case on 5.5.2009. The petitioner is in judicial custody. 4. The learned counsel for the petitioner submitted that after arresting the petitioner, he was made an accused in 7 cases without any basis. He also submitted that accused Nos.1 and 2 in the present case were released on bail. 5. The learned public prosecutor submitted that he has not received instructions as to the release of the accused Nos.1 and 2 on bail. 6. I have perused the case file. After the first week of May 2009, no further investigation appears to be done in the case which BA No.3368/2009 2 would indicate that the investigation is almost over. 7. 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. The petitioner shall be released on bail on his executing 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, Kannur, 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