IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2850 of 2009() ------------------------------------- CRIME NO.75/2009 OF CHAVAKKAD POLICE STATION PETITIONER/ACCUSED: -------------------------------------- BOSE,S/O.KUMARAN, MANAPARAMBIL VEEDU,PALAYOOR THAIKKAD VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE SUB INSPECTOR OF POLICE,CHAVAKKAD POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2850 of 2009 ------------------------------------ Dated this the 2nd day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the accused in Crime No.75/2009 of Chavakkad Police Station. 2. The offence alleged against the petitioner is under Section 436 of the Indian Penal Code. 3. The prosecution case is that on 17/01/2009 at 8.30 pm, the accused set fire to the residential house belonging to the defacto complainant and caused a loss of Rs.10,00,000/-. 4. I have gone through the CD file. On 18/01/2009 at 2.30 pm, the incident was reported to the police by filing a petition. F.I.R was registered. The CD file would also disclose that no person has seen the accused committing any act leading to the incident. The F.I statement would disclose that the petitioner tried to set fire to the defacto complainant's house on an earlier occasion and the allegation in the present case is made on suspicion. The petitioner is in judicial custody since 12/05/2009. Learned Public Prosecutor submitted that the petitioner was B.A. No. 2850/2009 2 interrogated by the police. Investigation of the case is not over. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad 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 B.A. No. 2850/2009 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm