IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, 8TH MAY 2009/ 18TH VAISAKHA 1931 Bail Appl..No. 2188 of 2009 ----------------------------- CP.9/2009 of J.M.F.C.,NADAPURAM .................... PETITIONER/5TH ACCUSED ------------------------------------------ ANTONY @ ANTI, AGED 28 YEARS, S/O.JOSEPH, PUTHENPURAKKAL HOUSE, VELIYATHAPARAMBU BHAGAM, NAYARAMBALAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANTONY MATHEW RESPONDENTS: STATE -------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, NADAPURAM, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR MR. C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No.2188 of 2009 --------------------------------------------- Dated this the 8th 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 by the 5th accused in Crime No.250/2007, alleging commission of offence punishable under sections 395, 364 and 120B of the Indian Penal Code. It is submitted by the learned Public Prosecutor that final report has already been laid in this case in C.P.No.9/09. 2. I have heard the counsel for the petitioner as also the learned Public Prosecutor. 3. The petitioner has surrendered before the court on 18.2.2009 and since then he has been under judicial custody. It is submitted that accused Nos.1 to 4 were already enlarged on bail.. The petitioner had earlier approached this Court by filing B.A.No.1371/09. But, the same was dismissed as per order dated 23.3.2009. 4. Considering the circumstances of the case, I think that without causing prejudice to the prospects of the investigation, the petitioner can be enlarged on bail with stringent conditions. 5. Accordingly, this application is allowed subject to the BA.2188/09 2 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., Nadapuram. (ii) The petitioner shall report before the Investigating Officer as and when his presence is required, in writing. (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