IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5440 of 2009() ----------------------------- CRMP.3977/2009 of J.M.F.C.-I,PALAKKAD CRIME NO. 166/2009 OF KOTTAYI POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- RAVIDAS, S/O.KUNJU, AGED 37 YEARS, VADAKKEPURA VEEDU, VARODU, KOTTAYI, PALAKKAD DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5440 of 2009 ------------------------------------ Dated this the 25th 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 accused No.1 in Crime No. 166/2009 of Kottayi Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323, 294 (b), 394 and 427 read with section 34 of the Indian Penal Code. 3. The date of occurrence was on 13.08.2009. The petitioner was arrested on the same day and he was remanded to judicial custody. 4. Bail Application No.5018/2009 filed by the petitioner was dismissed by me as per the order dated 07.09.2009. The investigation has progressed thereafter. 5. It is submitted by the learned Public Prosecutor that the petitioner is involved in other offences involving Sections 307 and 302 of the Indian Penal Code. He was convicted for an offence under Section 307 of the Indian Penal Code and in that case, the sentence was suspended by the appellate court. B.A. No. 5440 of 2009 2 6. 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 on stringent conditions. 7. 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-I, Palakkad subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Fridays, 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. B.A. No. 5440 of 2009 3 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