IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4977 of 2009() ---------------------------------------- CRMP.2293/2009 of DISTRICT COURT, PALAKKAD CRIME NO.44/2009 OF SHOLAYAR POLICE STATION, PALAKKAD DISTRICT. .................... PETITIONER/ACCUSED: -------------------------------------- SHABU, S/O.KUNJUMON, POONKUNNATH VEEDU, VADOOKKARA P.O., KOORKKANCHERRY, THRISSUR. BY ADV. SRI.V.BINOY RAM RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4977 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No. 44/2009 of Sholayar Police Station, Palakkad. 2. The offence alleged against the petitioner is under Section 399 of the Indian Penal Code read with Section 27(2) of the Arms Act. 3. The petitioner was arrested on 1/7/2009. There are eight accused persons involved in the case. The petitioner is in judicial custody since 1/7/2009. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in three cases registered in Nedupuzha Police Station in Thrissur District, in two of which offence under Section 307 of the Indian Penal Code is alleged, while in one another case, offence under Section 436 of the Indian Penal Code is alleged. The learned counsel for the B.A. No.4977/2009 2 petitioner submitted that the petitioner is prepared to abide by any conditions that may be imposed by this Court. 5. 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 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mannarkkad subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer between 9 A.M. and 11 A.M. on all days for a period of one month and all Mondays and Fridays thereafter, 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. B.A. No.4977/2009 3 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