IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5082 of 2010() ------------------------------------------ (CRIME NO.343/2010 OF PAVARATTY POLICE STATION,THRISSUR DISTRICT) .. PETITIONER/ACCUSED: -------------------------------------- RASOOL @ SIYAD, S/O. BEERASAN, MUNDAKKAL HOUSE, PALLURUTHY, MATTANCHERRY, ERNAKULAM. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): --------------------------- THE STATION HOUSE OFICER, PAVARATTY POLICE STATION, THRISSUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5082 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is the accused in Crime No.343 of 2010 of Pavaratty Police Station for having committed the offences punishable under Sections 452, 323, 324 and 308 Indian Penal Code. The incident is said to have occurred on 23.6.2010. The petitioner has pointed out that he has been falsely implicated in the case and he is innocent. Petitioner surrendered before the Magistrate concerned on 6.7.2010. An earlier application filed by the petitioner has been dismissed. It is pointed out that a major portion of the investigation is over and the continued custody of the petitioner is not necessary. 3. Learned Public Prosecutor opposed the petition and contended that the investigation is not yet complete. B.A.5082/2010. 2 4. The fact remains that the petitioner has been in custody from 6.7.2010. There is no reason as to why his custody should be continued. If the apprehension is that he may not be available for trial, that can be safeguarded by imposing adequate conditions. In the result, this application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM,Chavakkad. 2) Petitioner shall report before the investigating officer on every Friday between 10 a.m. and 11 a.m. till final report is laid. 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.