IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4485 of 2009() ------- ----------------------------- CRMP.3938/2009 of J.M.F.C.-III, PUNALUR CRIME NO. 339/2009 OF KUNNICODE POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED : ----------------------------------- SIVAKUMAR, AGED 35 YEARS, S/O. PRABHAKARAN PILLAI, VASANTHI VILASAM HOUSE, VETTIYARA JUNCTION, PATTAZHI VILLAGE, KOLLAM DISTRICT. BY ADV. SRI .M.L .SURESH KUMAR RESPONDENT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4485 of 2009 ------------------------------------ Dated this the 20th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 339/2009 of Kunnicode Police Station. 2. The offence alleged against the petitioner is under Section 304 B of the Indian Penal Code. 3. The date of occurrence was on 22.07.2009. The petitioner was arrested on 23.07.2009 and he is in judicial custody since then. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur subject to the following conditions:- B.A. No. 4485 of 2009 2 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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. 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 ln