IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Bail Appl..No. 7879 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6751/2010 SC.346/2010 of SESSIONS COURT,THODUPUZHA .................... (CRIME NO.159/2010 OF PERUVANTHANAM POLICE STATION,IDUKKI DIST.) ...... APPLICANT(S): A1: ------------------------------ SHAJUDEEN, S/O.SAINUDHEEN, LAKULATHU VEEDU, PERUNNA, CHANGANACHERRY. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, BY ADV. SRI.M.REVIKRISHNAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PERUVANTHANAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.7879 of 2010 ------------------------------------------------------ Dated this the 07th day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.1 in Crime No.159 of 2010 of Peruvanthanam Police Station for offences punishable under Sections 341, 294(b) & 308 read with Section 34 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 22/06/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in 13 crimes including a murder case and that out of those cases in two L.P cases he is being produced before court on production warrant. 3. Whatever may be the antecedents of the petitioner, the facts of the present case indicate that he had only intimidated the victim using a toy gun. He has already undergone 168 days of pre-trial incarceration. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other Bail Appln.No.7879/2010 : 2 : 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 10/12/2010 on his executing a bond for `25,000/- (Rupees 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 am. and 11 am. on all Mondays and Thursdays. 2. The petitioner will not leave the territorial limits in the State of Kerala without the prior written permission of the court concerned. 3. The petitioner shall surrender his passport before the Magistrate concerned before executing the bail bond. In case, he is not the holder of a passport he shall file an affidavit to that effect. 4. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. Bail Appln.No.7879/2010 : 3 : 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. 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 skj