IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4613 of 2009() ----------------------------- CRIME NO.79/2009 OF PETTA POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- SUMOD, S/O. MOHANAN, TC 79/2187 SURESH BHAVAN, ARAPPURAVILAKOM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PETTA POLICE STATION. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4613 of 2009 --------------------------------------------- Dated this the 18th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.79 of 2009 of Petta Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 323, 326 and 308 of the Indian Penal Code. 3. The date of occurrence was on 4.3.2009. The petitioner was arrested on 24.7.2009. He is in judicial custody since then. Learned counsel for the petitioner submitted that accused Nos.1 to 3 were granted regular bail by this Court as per the order dated 5th May 2009. 4. Learned public prosecutor submitted that the investigation of the case is at the final stage. 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 BA No.4613/2009 2 investigation, I am of the view that bail can be granted to the petitioner. 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 Additional Chief Judicial Magistrate, 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 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 csl