IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5296 of 2009() ----------------------------- CRIME NO.606/2009 OF CHADAYAMANGALAM POLICE STATION PETITIONER/5TH ACCUSED ------------------------------------------ PRASHANTH, S/O.PRASAD, PUTHENVILAVEEDU, NEAR KUMAR MILL, AKKONNAM MURI, CHADAYAMANGALAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION (CRIME NO.606 OF 2009) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5296 of 2009 --------------------------------------------- Dated this the 17th day of September, 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.606 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 1.9.2009. The petitioner was arrested on 2.9.2009. It is pointed out by the learned counsel for the petitioner that, according to the prosecution, the overt act of stabbing was done by the first accused. 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. BA No.5296/2009 2 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 Judicial Magistrate of the First Class-II, 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 csl