IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 Bail Appl..No. 3334 of 2009() ---------------------------------------- CMP.2014/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.7/2009 OF NEYYATINKARA POLICE STATION. .................... PETITIONER/ ACCUSED: --------------------------------------- BIJU, S/O. ROBIN, BIJU BHAVAN, CHAKKIPARA, PUNALAL WARD, PERUMKULAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.C.PRABITHA RESPONDENT : ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3334 of 2009 ------------------------------------ Dated this the 22nd 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. 7/2009 of Neyyattinkara Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested in respect of another crime and his formal arrest was recorded in the present on 13/04/2009. He is in judicial custody. It is submitted by the learned Public Prosecutor that the final report was not filed within 60 days. The second accused is not arrested so far. It is also submitted by the learned Public Prosecutor that the petitioner is involved in several other cases. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. No. 3334 /2009 2 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-I, Neyyattinkara 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