IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 7857 of 2009 CRIME NO.246 OF 2009 OF POZHIYOOR POLICE STATION PETITIONER/ACCUSED NO.1: -------------------------------------- SUNDARA RAJ, S/O.SUNDARAN, AGED 32, KOONANVILA VEEDU, NEAR C.S.I. CHURCH, KARODU DESOM, DO VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7857 OF 2009 ------------------------------------------------------ Dated this the 14th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.246 of 2009 of Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 14.12.2009. The petitioner was arrested on 15.12.2009 and he was remanded to judicial custody. It is submitted that in respect of the incident on 14.12.2009, another crime was registered as Crime No.250 of 2009, in which, the de facto complainant is the first accused in the present case and the accused persons include the de facto complainant in Crime No.246 of 2009. 4. Taking into account the facts and circumstances of the B.A. NO. 7857 OF 2009 :: 2 :: 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class -II, Neyyattinkara, 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 ahz/