IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 470 of 2010() ---------------------------- CRIME NO.637/2009 OF THENMALA POLICE STATION .................... PETITIONER : ------------------------------- SAMUNDRAM,AGED 25,S/O.ESAKKI, MAIN ROAD,104A.MEKKARA MURI, ACHANPUTHOOR VILLAGE, SCHENCOTTA TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.470 of 2010 --------------------------------------------- Dated this the 3rd day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.637 of 2009 of Thenmala Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147 and 367 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 22.12.2009. The petitioner was arrested on 29.12.2009. The prosecution case is that on 22.12.2009, the vehicle driven by the first accused met with a minor accident. There was some altercations at the place on account of the accident. The father of the victim in the present case questioned the acts of the accused. At that time, the accused tried to manhandle him. The victim in the present case tried to rescue his father. At that time, the accused persons abducted the victim, took him in the vehicle and abandoned at a BA No.470/2010 2 distant place. It is also alleged that he was manhandled by the accused. 4. As per the order dated 15th January, 2010 in Bail Application No.143 of 2010, bail was granted to accused Nos.2 and 3. 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 on stringent conditions. 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, Punalur, subject to the following conditions: a) The petitioner shall produce the electoral identity card or any other reliable documents to prove his identity and correct address before the court of the Judicial Magistrate of the First Class-I, Punalur; b) 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; BA No.470/2010 3 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