IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4344 of 2009() -------------------------------------- CRMP.4814/2009 of J.M.F.C.-I, PATHANAMTHITTA CRIME NO. 193/2008 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/4TH ACCUSED : ------------------------------------------ VINI, S/O. FREDDY, AGED 25 YEARS, BRAINDAIL, KOCHUPLAMMOODU, ANJALI NAGAR, KOLLAM. BY ADV. SRI. DILEEP P. PILLAI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4344 of 2009 ------------------------------------ Dated this the 10th day of August, 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 4th accused in Crime No.193/2008 of Pathanamthitta Police Station. 2. The offence alleged against the petitioner is under Section 395 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested in connection with another crime on 21/06/2009. His formal arrest was recorded on 27/06/2009. It is submitted that the investigation is over and the charge was laid in the case. 4. The learned Public Prosecutor submitted that all other accused in the case are in jail and they were not granted bail as all others except the 5th accused, are involved in other similar criminal activities. The petitioner is not involved in similar offence. 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 fact that charge was B.A. No.4344 /2009 Page numbers laid in the case, 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta 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 and Thursdays, until further orders. b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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