IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 2918 of 2009() ---------------------------------------- CMP.3624/2009 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.1289/2008 OF KOTTARAKKARA POLICE STATION .................... PETITIONER : -------------------- B.SURESH KUMAR, AGED 38 S/O. BABY, MAVADITHALA VEEDU R.C. STREET, NEYYATTINKARA THIRUVANANTHAPURAM. BY ADV. SRI.K.SANIL KUMAR RESPONDENTS: -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DIST. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2918 of 2009 ------------------------------------ Dated this the 19th day of 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 3rd accused in Crime No. 1289/2008 of Koattarakkara Police Station. 2. The offences alleged against the petitioner are under Sections 323, 342, 302 and 201 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested on 20/5/2009 and he is in judicial custody. It is submitted that other accused were released on bail. The learned Public Prosecutor submitted that investigation of the case is almost over. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like B.A. No. 2918/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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 scm