IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8109 of 2011() ----------------------------- CMP.8296/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.1885/2011 OF KARUNAGAPALLY POLICE STATION .................... PETITIONER : ACCUSED : ----------------------- JOBY ANTONY, S/O.ANTONY,VADAKKEKUTTI HOUSE,ANAKUZHY JUNCTION, ANAKKUZHI MURI,VELLADU VILLAGE, THALIPARAMBU,KANNUR DISTRICT. BY ADV. SRI.N.SUNIL JOSEPH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8109 of 2011 ---------------------------------------------- Dated this the 21st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.1885 of 2011 of Karunagappally Police Station. 2. The offence alleged against the petitioner is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 01/08/2011 at 1 A.M., the petitioner and the other accused were found in suspicious circumstances near a godown at Karunagappally Market. The petitioner was arrested on 01/08/2011 and he was remanded to judicial custody. 4. When the bail application came up for hearing on 11/10/2011, the following order was passed:- “Learned Public Prosecutor prays for time to get instructions with regard to the other crimes in which the petitioner is involved in various police stations.” 5. The learned Public Prosecutor submitted that he has not received instructions with respect to the matters Bail Appln.No.8109/2011 : 2 : referred to in the order dated 11/10/2011. The petitioner is in judicial custody for 82 days. 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 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 `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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. Bail Appln.No.8109/2011 : 3 : 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 skj