IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5488 of 2009() ----------------------------- CRIME NO.656/09 OF VIZHINJAM POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- MERLIN, AGED 26 YEARS, S/O.DEVADAS, PALLITHURAPURAYIDOM, VIZHINJAM DESOM, VIZHINJAM VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5488 OF 2009 ------------------------------------------------------ Dated this the 29th 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 accused in Crime No.656 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The date of occurrence was on 28.8.2009. The petitioner was arrested on 29.8.2009 and he was remanded to judicial custody. The learned Public Prosecutor submitted that charge was laid in the case on 15.9.2009. 4. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. B.A. NO. 5488 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Vizhinjam Police Station between 9 A.M. and 11 A.M. on alternate Mondays until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/