IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2780 of 2009 CRIME NO.300 OF 2009 OF KAYAMKULAM POLICE STATION CRMP.9261/2009 of J.M.F.C., KAYAMKULAM PETITIONER: ACCUSED: ---------------------------- MUJEEB @ VEETA MUJEEB, AGED 28 YEARS, S/O.RAJEN, SAKEENA MANZIL, KMC-WARD-35, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2780 OF 2009 B ------------------------------------------------------ Dated this the 1st 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 accused in Crime No.300 of 2009 of the Kayamkulam Police Station. 2. The offence alleged against the petitioner is under Sections 452 and 323 of the Indian Penal Code. 3. The petitioner was arrested on 28.4.2009 and he is in judicial custody. Learned Public Prosecutor submitted that the investigation of the case is at the final stage. Learned Public Prosecutor also submitted that the petitioner is involved in Crime No.328 of 2009 where he is alleged of having committed graver offence. The application for regular bail filed by the petitioner in Crime No.328 of 2009 was dismissed as per the order dated 23.5.2009. 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. 2780 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, Kayamkulam, 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. f) The releasing of the petitioner on bail shall be subject to the order passed by this Court in B.A.No.2800 of 2009, dated 23.5.2009. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/