IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6351 of 2009() ------------------------------------ C.P. NO.40/09 OF JUDICIAL FIRST CLASS MAGISTRTE, WADAKKANCHERRY ......... PETITIONER (S)/ ACCUSED -------------------------------------- SHIHABUDHIN, S/O.MUHAMMED, AGED 25 YEARS, KUTTICHOLA HOUSE, KURUMBANAGODE, NILAMBOOR. BY ADV. MR.M.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE S.I. OF WADAKKANCHERRY POLICE STATION, (C.P.40/09 OF JFCM, WADAKKANCHERRY), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 6351 of 2009 ------------------------------------ Dated this the 3rd day of November, 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 accused in C.P. No. 40/2009 on the file of the Court of the Judicial Magistrate of the First Class, Wadakkancherry. 2. The offences alleged against the petitioner are under Sections 308, 324 and 341 read with Section 34 of the Indian Penal Code. 3. The case was taken on file as C.P. No. 90/08. The accused was absconding and therefore, the case against him was refiled as C.P. No. 40/2009. The petitioner was arrested on 19.10.2009. The application filed by him before the learned Magistrate for the grant of bail was dismissed by the order dated 20.10.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner was not arrested during the trial stage. After filing the charge sheet, the petitioner did not receive summons and he was not aware of the proceedings before the Court. It is not necessary to decide that contention in this Bail Application. B.A. No. 6351 of 2009 2 5. The petitioner is in judicial custody since 19.10.2009. The investigation is complete and charge sheet was laid. It is not necessary to detain the petitioner in judicial custody. 6. 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, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakkancherry subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 ln