IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3213 of 2009() -------------------------------------- CRIME NO.126/2009 OF MEDICAL COLLEGE POLICE STATION , THIRUVANANTHA PURAM .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- SIRAJ, AGED YEARS, S/O.SIDHARTHAN, SURABHI BHAVAN, PRA 121, ST.GEORGE LANE, KUMARAPURAM, ANAMUGHOM WARD, KADAKAMPALLY VILLAGE. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, MEDICAL COLLEGE POLICE STATION, NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI .K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3213 of 2009 ------------------------------------ Dated this the 16th 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 first accused in Crime No.126/2009 of Medical College Police Station. 2. The offence alleged against the petitioner is under Sections 120(B), 436, 212 and 307 read with Section 34 of the Indian Penal Code and Section 3 of the Explosive Substances Act. 3. The defacto complainant is the Assistant Commissioner of Police who was involved in the investigation of a scam, which is popularly known as “Total for you scam”. The prosecution case is that due to enmity of the accused towards the defacto complainant, on 25/02/2009 at 2.15 A.M, the accused persons trespassed into the residence of the defacto complainant and hurled petrol bombs and damaged a Santro car belonging to him and caused loss to a tune of Rs.7 lakhs. 4. The petitioner was arrested on 9/04/2009 and he is in judicial custody. It is submitted that the 5th accused was released on bail as per the order in B.A.No.2891/2009 and the 3rd accused B.A. No. 3213 /2009 2 was released on bail by the order dated 12/06/2009 in B.A.No.3164/2009. 5. 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. 6. 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 Additional Chief Judicial Magistrate, Thiruvananthapuram 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 B.A. No. 3213 /2009 3 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