IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5498 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4956/2009 CRMP.2084/2009 of J.M.F.C.-II, ALUVA CRIME NO.1134/2009 OF KALAMASSERY POLICE STATION, ERNAKULAM .................... PETITIONER/2ND ACCUSED: ------------------------------------------ MUHAMMED,SON OF KAMALUDEEN, NAZIRE MANZIL,KADACHIRA, KADAMBOOR,KANNUR. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5498 of 2009 ------------------------------------ Dated this the 1st day of October, 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 second accused in Crime No. 1134/2009 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Section 399 of the Indian Penal Code and Section 27 of the Arms Act. 3. The petitioner was arrested on 28/7/2009. It is submitted that after competing the investigation, charge was laid. 4. 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 also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 5. 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-II, Aluva subject to the following conditions:- B.A. No. 5498/2009 2 A) The petitioner shall report before the Station House Officer,Kalamassery Police Station between 9 A.M. and 11 A.M. on every Monday, 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. The petitioner shall be released from jail only if his detention is not required in any other cases. K.T. SANKARAN, JUDGE scm