IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 617 of 2009(B) ----------------------------------- CRIME NO.129/2008 OF MALAYINKEEZHU POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- SHIJU @ UNNI, S/O.SASI, SANTHOSH BHAVAN, KATTUVILA, CHERUKODE, VILAPPISALA VILLAGE. BY ADV. SRI.S.VISHNU SRI.MANOJ RAMASWAMY RESPONDENTS/COMPLAINANTS : ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.617 OF 2009 -------------------------------- Dated this the 16th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Sections 436 read with 34 of I.P.C. According to prosecution, petitioner set fired to a hotel run by the defacto complainant, since petitioner was not allowed to consume liquor from the hotel. The incident happened on 04.05.2008. 3. Learned counsel for petitioner submitted that originally, the crime was registered on the ground that it was an accidental fire in May, 2008. But later in December, 2008, petitioner was implicated and he was arrested on 22.12.2008. He is in custody for the past 56 days. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner but, stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : B.A.No.617 of 2009 2 Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station within which crime is registered, except for compliance of direction in condition No.(i). (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac