IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2755 of 2009() ----------------------------- CMP.916/2009 of J.M.F.C.-III,THRISSUR CRIME NO.107/2009 OF PEECHI POLICE STATION .................... PETITIONER/ACCUSED: -------------------------------------- NISHANTH, AGED 23 YEARS, S/O.GOPI, ATHANIKUZHI HOUSE, KALLUR, THRISSUR. BY ADV. SRI.P.G.SURESH RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, PEECHI POLICE STATION, KANNUR. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------------------- B.A. No. 2755 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the fifth accused in Cr.No.107/2009 of Peechi Police Station, registered under sections 120 B and 395 of the Indian Penal Code. Petitioner was arrested on 12.3.2009 and since then he is in custody. As per Annexure A1 order, Judicial First Class Magistrate, Thrissur, dismissed his application for bail. This application is moved for bail under section 439 of the Code of Criminal Procedure contending that accused Nos. 1,2,3 and 6 were already enlarged on bail vide orders in MC Nos.505/2009, 536/2009, 546/2009, 603/2009 and accused Nos.7 and 8 were enlarged on bail as per order in BA No.2042/2009 by this court. 2. Learned counsel for the petitioner and Public Prosecutor were heard. 3. As accused Nos.1,2,3,6,7 and 8 were already enlarged on bail and since the petitioner has been in custody since 12.3.2009, B.A. No. 2755 OF 2009 2 petitioner is also entitled to be released on bail on conditions. 4. Bail application is allowed. (i) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate concerned. (ii) Petitioner shall not intimidate or threaten the witnesses or interfere with the investigation. He shall be make available himself to the investigating officer as and when called for. He shall not leave the State without the permission of the concerned Magistrate. M.SASIDHARAN NAMBIAR JUDGE vps