IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8073 of 2011() ----------------------------- CRIME NO.2209/2011 OF THOPPUMPADY POLICE STATION PETITIONER/ACCUSED No.5 : ---------------------------- ASHRAF @ ACHU, S/O. BAVA, AGED 42 YEARS, PUTHUSSERYPARAMBU, NEAR NOORIYA MADRASSA, MATTANCHERRY, NOW RENTED RESIDING AT AISHA BHAI TEACHERS HOUSE, NEAR ST.ANTONY'S CHURCH, (NOVENA), CHULLICKAL. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.2209/11 OF THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT) STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8073 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 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.2209 of 2011 of Thoppumpady Police Station. 2. The offences alleged against the petitioners are under Sections 141, 143, 451, 323 and 366 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 03/09/2011. The petitioner was arrested on 06/09/2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned State Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.8073/2011 : 2 : 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kochi, 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 skj