IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / .8TH VAISAKHA 1931 Bail Appl..No. 2410 of 2009(A) ------------------------------------------ (CRIME NO.431/2009 OF THE KOLLAM EAST POLICE STATION) .................... PETITIONER/ 5TH ACCUSED: ------------------------------------------ JOBIN, S/O. CLINNY, THUNDUPARAMBIL VEEDU, NEAR LIGHT HOUSE, THANGASSERIL, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. MR.C.RAJENDRAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED THE S.I OF POLICE, KOLLAM EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 2410 OF 2009 ```````````````````````````````````````````````````` Dated this the 8th day of May, 2009 O R D E R The 5th accused in Crime No.431/2009 of Kollam East Police Station alleging commission of offences punishable under section 402 IPC is the petitioner herein. The case of the prosecution is that on 21.4.2009 at 11.30 am the Sub Inspector of that police station found a group of people, including the petitioner herein, engaged in conversation near the railway compound at Karbala junction. According to him, on being questioned, they could not give satisfactory and cogent answers. Based on suspicion created in the said circumstances, they were taken into custody. When produced before the learned Magistrate, they were remanded into custody. Accordingly, the petitioner, who is the 5th accused therein, is in judicial custody since 22.4.2009. His application for bail was dismissed by the learned Magistrate as is evident from Annexure-A1. It was in the said circumstances that the present application has been filed by the petitioner seeking regular bail. BA.2410/09 : 2 : 2. I have heard the counsel for the petitioner as also the learned Public Prosecutor. The learned Public Prosecutor submitted that final report has been laid in this case on 25.4.2009. Considering the said circumstances and the fact that the petitioner, who is the 5th accused, has been under judicial custody since 22.4.2009, I think he can be enlarged on bail with stringent conditions. 3. In such circumstances, the application is allowed with the following conditions. i) The petitioner shall be enlarged on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-II, Kollam. ii) To ensure his presence for trial, the petitioner shall report before the investigating officer in the above case on all Saturdays between 10 am and 12 a.m. till the disposal of the case. iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (C.T. RAVIKUMAR, JUDGE) aks