IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4777 of 2009() ----------------------------- CRIME NO.452 OF 2008 OF PAVARATTY POLICE STATION PETITIONER/ACCUSED NO.11: --------------------------------------------- SHEMEER, S/O. USMAN, KARUPPAM VEETTIL, PALUVAI DESOM, THAIKKAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: --------------------------- 1. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, GURUVAYOOR. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4777 OF 2009 ------------------------------------------------------ Dated this the 28th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.11 in Crime No.452 of 2008 of the Pavaratty Police Station. 2. The offences alleged against the petitioner are under Sections 143, 144, 153-A, 201, 212, 302 and 120B read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 21.8.2008. The petitioner was arrested on 7.8.2009. It is submitted by the learned Public Prosecutor that accused Nos.1, 9 and 12 have not been arrested so far. At the same time, persons who were arrested, were granted bail. 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. 4777 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad, 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 enter into the limits of Pavaratty Police Station for a period of two months, except of complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/