IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4229 of 2009() ----------------------------- CRIME NO.331/2009 OF IRAVIPURAM POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- SANAL @ SUNILKUMAR, S/O.SASIDHARAN, MANGARATH PADINJATTATHIL, ILLAM NAGAR 157, VALATHUNGAL CHERIYIL, IRAVIPURAM VILLAGE, KOLLAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, IRAVIPURAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4229 of 2009 --------------------------------------------- Dated this the 31st day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.331 of 2009 of Iravipuram Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The incident was on 17.5.2009. The petitioner was arrested on 18.7.2009 and he is in judicial custody. The application for bail filed by the petitioner was dismissed by the Judicial Magistrate of the First Class - II, Kollam, as per the order dated 20th July 2009. 4. Learned public prosecutor submitted that the investigation has progressed much and that it is almost at the final stage. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.4229/2009 Page numbers 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. 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, Kollam, 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