IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4973 of 2009 CRIME NO.639 OF 2009 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT CP.9085/2009 of J.M.F.C.-II,KOTTARAKKARA PETITIONER/ACCUSED A2 ----------------------------------------- NIZAM, S/O.MOHAMMED BASHEER, PANAYIL VEEDU, ELAMPAZHANNOR, ELAMPAZHANNOR MURI, KADAKKAL VILLAGE. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4973 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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.639 of 2009 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the accused persons are under Sections 452, 427, 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 17.8.2009. The petitioner was arrested on 22.8.2009 and he was remanded to judicial custody. 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. 4973 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakkara, 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 ahz/