IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2184 of 2009 -------------------------------------- CC.850/2003 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/A4: ----------------------- TONY THARAKAN, AGED ABOUT 41, S/O.LATE P.V.THARAKAN, PARAYIL HOUSE, 20/272A, THYNOTHIL ROAD, ALUVA. BY ADV. MR.C.P.UDAYABHANU. RESPONDENT/ COMPLAINANT: --------------------------------------------- UNION OF INDIA, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR FOR CBI, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. --------------------------------------------- B.A.No. 2184 of 2009 --------------------------------------------- Dated this the 21st day of April, 2009 J U D G M E N T In this petition filed under Section 439 Crl.P.C., the petitioner who is the fourth accused in C.C.No.850/2003 on the file of the Chief Judicial Magistrate Court, Ernakulam for offences punishable under Secs.120(B) of I.P.C. read with Section 13(2) read with 13(1)and (d) of the P.C.Act, and Sections 420,468 & 471 of I.P.C. seeks his enlargement on bail. Petitioner was arrested on 6.3.09. 2. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor of CBI. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the concerned CJM and subject to the following conditions: BA NO.2184 OF 2009 :-2-: 1. The petitioner shall report before the Sheristhadar of the court of the CJM, Ernakulam between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall stay within the limits of Ernakulam district until further orders. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.K.Mohanan, Judge MBS/ BA NO.2184 OF 2009 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T BA NO.2184 OF 2009 :-4-: DATED: -3-2009