IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7143 of 2009 CRIME NO.667 OF 2008 OF KODUNGALLUR POLICE STATION PETITIONER: ACCUSED NO.6 ----------------------- MANOJ, S/O. KUMARAKURUP, LONASSEDATH KALARIKKAL HOUSE, MAITHRY NAGAR, LOKAMALESWARAM, KODUNGALLUR. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7143 OF 2009 ------------------------------------------------------ Dated this the 21st day of December, 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.6 in Crime No.667 of 2008 of Kodungallur Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 120B, 109, 341, 212 and 302 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that originally names of six persons were mentioned in the First Information Report as the persons who committed the offence. During investigation, all those six persons were deleted from the array of accused and they were substituted by fourteen accused persons. 4. The petitioner surrendered before Court on 11.11.2009 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the B.A. NO. 7143 OF 2009 :: 2 :: 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. 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, Kodungallur, 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 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 ahz/