IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5490 of 2009() ----------------------------- CRIME NO. 736/2009 OF FORT POLICE STATION (RENUMBERED AS 498/2009 OF THAMPAN0OR POLICE STATION) .................... PETITIONER: ---------------------- ANIL KUMAR @ ANIL, S/O.BABU AMARATHIVILAKAM VEEDU, NEAR VILAYIL DEVI TEMPLE VILAPPILSALA VADEKKE JUNCTION KARODE DESOM, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5490 of 2009 ------------------------------------ Dated this the 5th day of October, 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.1 in Crime No.736/2009 of Fort Police Station, Thiruvananthapuram, which was subsequently transferred to Thampanoor Police Station, where it is renumbered as Crime No.498/2009. 2. The offences alleged against the petitioner are under Sections 364 A and 384 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 15/8/2009. The petitioner was arrested on 18/8/2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 B.A. No. 5490/ 2009 2 petitioner. 6. 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-III, 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 alternate 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 scm