IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5883 of 2008() ----------------------------- CMP.6866/2008 of J.M.F.C., KODUNGALLUR CRIME NO. 667/2008 OF KODUNGALLUR POLICE STATION PETITIONER(S): ACCUSED --------------------------- JOBE, S/O. JHONY, KANICHAKUNNATH HOUSE, EDVAILANGU. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5883 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 341, 302 read with section 149 IPC. According to prosecution, petitioner along with other accused formed into an unlawful assembly and, due to political vengeance, assaulted defacto- complainant and committed murder. 3. The incident occurred on 30-6-2008 and petitioner was arrested on 7-7-2008. Petitioner was not named in the F.I.R. He was subsequently implicated falsely, it is submitted. Petitioner has been in custody for the past 85 days. Petitioner is prepared to abide by any conditions imposed and he may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that petitioner's presence is required for polygraph test. It is also submitted that an application was filed before the learned Magistrate requesting to subject petitioner to polygraph test and it was allowed on 5-8- 2008. The said order was not challenged. However, he has no objection in granting bail provided a condition is imposed by which petitioner is directed to undergo polygraph test, since the investigation is not yet over. BA 5883/08 -2- 5. In the above circumstances, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall subject himself to polygraph test, as and when directed by the Investigating Officer. 3) Petitioner shall not intimidate any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.