IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 987 of 2010() -------------------------------------- CRIME NO.359/2009 OF PAYYOLI POLICE STATION, KANNUR. PETITIONER/ACCUSED: -------------------------------------- PAVITHRAN, S/O.BALAN KANHIRACHAN PARAMBIL HOUSE, MANATHANA AMSOM PERAVOOR DESOM, THALASSERY TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.H.O.PAYYOLI POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 987 of 2010 ------------------------------------ Dated this the 22nd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.359/2009 of Payyoli Police Station. 2. The offences alleged against the petitioner are under Sections 279 and 304 of the Indian Penal Code. 3. The date of occurrence was on 20/9/2009. The petitioner was arrested on 30/1/2010. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was laid before the court of the Judicial Magistrate of the First Class, Payyoli on 4/2/2010. 6. 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 also the fact that charge sheet was laid in the case, I am of the view that bail can be B.A. No. 987 / 2010 2 granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyoli subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 scm