IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 5069 of 2008() ----------------------------- CRIME NO.509/2008 OF KADAVANTHARA POLICE STATION PETITIONER : 1ST ACCUSED --------------------------- P.RAJEENDRAN, S/O.KUNJAPPAN NAIR 102, AREENA APARATMENTS, ELAMKULAM ROAD KADAVANTHARA (PRESENTLY RESIDING AT FLAT N0.6 SPARTA PRESTIGE ACROLIC APARTMENT, NEAR FORUM SHOPPING HALL, KORAMANGALA, BANGALORE BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED (S.I.OF POLICE KADAVANTHRA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM) BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5069 of 2008 ------------------------------------------------------- Dated this the 13th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 409, 420, 463 and 477A of IPC. Petitioner is the first accused in the case. Petitioner was arrested on 9.7.2008 and he is in judicial custody from 10.7.2008 onwards. This is the second application for bail. 3. It is submitted by learned counsel for petitioner that after the dismissal of the earlier application for bail, petitioner was remanded to police custody and he was questioned also. There is no more information is to be conveyed by the petitioner to the police. It is also pointed out that the petitioner is an accused in other crimes of similar nature and he was granted bail in crime nos.684, 685 and 696 of 2008 of Kadavanthra Police Station, by the Magistrate Court. The allegations made in this case are also similar. 4. Learned public prosecutor submitted that the facts of this case are disturbing but, he conceded that bail is granted to BA No.5069/08 2 the petitioner in similar cases. He also submitted that if bail is being granted, it may be on conditions. 5. On hearing both sides, I find that bail can be granted to petitioner on conditions. In the result, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall surrender the passport, if any, before the Magistrate Court concerned, within seven days from the date of release. (iv) Petitioner shall not leave Ernakulam District except with the prior permission of the learned Magistrate. BA No.5069/08 3 (v) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl