IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 586 of 2010 ------------------------------------ (CRIME NO.176/10 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT) ............ PETITIONER/ 4TH ACCUSED: ------------------------------------------ BOBBY, AGED 26 YEARS, S/O.VARGHESE, KANNAYATHU VEETIL, THAYIKKATTHU KARA, ALUVA WEST VILLAGE. BY ADV. MR.RAJIT. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 586 of 2010 ----------------------------- Dated this the 5th day of February, 2010 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.176/2010 of Aluva Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. It is submitted that originally the case was registered for the offences under Sections 143, 147, 148, 427, 323 and 324 read with Section 149 of the Indian Penal Code. 4. The learned counsel for the petitioner submitted that accused Nos. 1 to 3 were granted anticipatory bail by the court of Sessions Judge, Ernakulam by the order dated 1/02/2010 in Crl.M.C. No.162/2010. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 B.A. No. 586 /2010 2 investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva 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 scm