IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2720 of 2009 CRIME NO.378 OF 2009 OF THE ADIMALY POLICE STATION CRMP.1367/2009 of D.C.& SESSIONS COURT,THODUPUZHA PETITIONER/3RD ACCUSED ------------------------------------------ BENNY CHACKO, S/O CHACKO, NADUVATHETTU VEEDU, ODACKACITY BHAGAM, KOOMPANPARA KARA, VELLATHOOVAL VILLAGE. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.MANU TOM SRI.K.G.RAJEESH RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DIST. KOCHI. 2. THE CIRCLE INSPECTOR OF POLICE, ADIMALY. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2720 OF 2009 B ------------------------------------------------------ Dated this the 22nd May, 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.3 in Crime No.378 of 2008 of the Adimaly Police Station. 2. The offence alleged against the petitioner are under Sections 143, 147, 148, 115,323, 324, 307 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the petitioner along with the other accused persons attempted to murder the de facto complainant. It is stated that the de facto complainant was pulled down from the jeep and was manhandled by the accused persons. The de facto complainant sustained serious injuries. The petitioner was arrested on 4.4.2009. The second accused was granted bail by this Court, as per the order dated 28.4.2009 in B.A.No.2224 of 2009. The first accused and the fourth accused are absconding. In the order granting bail to the second accused, it is stated that considerable part of the investigation is over. Learned counsel for the petitioner submitted that no overt act as such is alleged against the petitioner. B.A. NO. 2720 OF 2009 :: 2 :: 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adimaly, 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, 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. 2720 OF 2009 :: 3 :: e) The petitioner shall not enter into the limits of Adimaly Police Station until further orders, except for the purpose of reporting to the investigating officer. f) 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/