IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5941 of 2010(A) ----------------------------------- (CRMP.3459/2010 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO. 159/2010 BEFORE THE PERUVANTHANAM POLICE STATION, IDUKKI DISTRICT) .......... PETITIONER(S)/ACCUSED NO.3 -------------------------------------- BIJU, S/O.NADESAN, ITHIL, POTTASSERY PO, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------------------- THE SUB INSPECTOR OF POLICE, PERUVANTHANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.5941 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED: 29th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 3rd accused in Crime No.159/2010 of Peruvanthanam Police Station for offences punishable under Secs.341, 294(b) and 308 read with 34 I.P.C., seeks his enlargement on bail. Petitioner was arrested on 22.6.2010. 2. The learned Public Prosecutor opposed the application contenting inter-alia that even though the petitioner has been in custody for 99 days, charge has already been filed and he was in the company of A1, who is a notorious criminal involved in several cases. 3. It is admitted that the petitioner is not involved in any other case and he was already been in custody for 99 days. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the completion of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 1.10.2010 on his executing a bond for Rs.25,000/- (Rupees Bail Application No.5941 of 2010 2 twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. 5. The petitioner shall not go beyond the territory of Kerala State without the written permission of the appropriate court before which the case is pending. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb