IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7600 of 2009() ------------------------------------------ CRIME NO.392/2007 OF ERATTUPETTA POLICE STATION, KOTTAYAM . PETITIONER/ACCUSED: -------------------------------------- FRANCIS, S/O.AUGUSTINE, AGED 50 YEARS, MANAKKATTU HOUSE, KADANADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7600 of 2009 ------------------------------------ Dated this the 22nd day of December, 2009 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.6 in Crime No.392/2007 of Erattupetta Police Station. 2. The offences alleged against the petitioner are under Sections 465, 471, 467, 419, 420 and 120 B of the Indian Penal Code. 3. The crime was registered in the year 2007. It is stated by the petitioner that the petitioner was not included in the array of accused and he was so included only in September, 2009. The petitioner surrendered before police on 1/12/2009. The petitioner was remanded to judicial custody. The application for bail submitted by the petitioner was rejected by the learned Magistrate as well as the learned Sessions Judge. 4. 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 the present stage of investigation, I am of the view that bail can be granted to the B.A. No.7600 /2009 2 petitioner. 5. 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, Erattupetta 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 scm