IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2241 of 2009() ----------------------------- CRMP.767/2009 of SESSIONS COURT, KOTTAYAM CMP.1616/2009 of J.M.F.C - II, KANJIRAPPALLY CRIME NO.109/09 OF ERUMELI POLICE STATION .................... PETITIONER: 5TH ACCUSED ------------------------------- MR. MIKDAD, AGED 20, S/O. ABDUL SHUKOOR, PUTHENVEETIL, NEAR ST. THOMAS SCHOOL, ERUMELI.P.O. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ERUMELI POLICE STATION, ERUMELI.P.O, KOTTAYAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No. 2241 of 2009 --------------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the 5th accused in Crime No.109/09 of Erumeli Police Station, alleging commission of offences punishable under sections 143, 147, 148, 308 and 324 read with section 149 of Indian Penal Code. 3. The case of the prosecution is that the petitioner who was the member of an unlawful assembly, attacked the defacto complainant. 4. The petitioner is a student, doing his degree course. He was arrested on 3.4.2009 and since then he has been in judicial custody. 5. I have heard the learned Public Prosecutor. 6. Considering the fact that the petitioner has been in judicial custody since 3.4.2009 and that a major part of the investigation has already been completed, I think the petitioner can be enlarged on bail subject to stringent conditions. BA.2241/09 2 7. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M.-II, Kanjirappally. (ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 AM and 11 AM till the final report is filed. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn