IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 6722 of 2009() ----------------------------- CRIME NO.208/2009 OF BALARAMAPURAM POLICE STATION .................... PETITIONER/5T ACCUSED ----------------------------------------- MANU,S/O.MANIYAN,VATTAVILA PUTHEN VEEDU, VELLAPPALLI,NANDAVAMOODU,PALLICHAL, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,BALARAMAPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6722 of 2009 --------------------------------------------- Dated this the 9th day of December, 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.208 of 2008 of Balaramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 143, 147, 148, 109, 458, 323, 324 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 15.5.2008. The petitioner was arrested on 23.10.2009. 4. It is submitted by the learned counsel for the petitioner that all the accused persons were arrested and they were released on bail. It is also submitted by the learned counsel for the petitioner that the deceased had abducted the sixth accused and he was detained by the deceased for a few days. The prosecution case is that the murder was committed as a retaliation for the said abduction and detention. The investigation 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 BA No.6722/2009 2 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. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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