IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5166 of 2009() ------------------------------------ CRIME NO. 43/2009 OF PANOOR POLICE STATION .................... PETITIONER/ACCUSED NO.6: ------------------------------------------- ETTUVEETTIL MANEESH, S/O. KUMARAN, AGED 30 YEARS, ETTUVEETTIL, PANNIYANNOOR AMSOM, CHAMBAD DESOM. BY ADV. SRI.P.V. SURENDRANATH RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5166 of 2009 ------------------------------------ Dated this the 9th 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.6 in Crime No.43/2009 of panoor Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. 3. The Incident occurred on 12.03.2009. The petitioner surrendered before the court on 13.07.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that accused Nos. 1, 2 and 5 were released on bail. It is also submitted that no overt act is alleged against the petitioner. 5. Application for bail filed by the petitioner was rejected by the learned Sessions Judge as per order dated 27.08.2009. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be B.A. No. 5166 of 2009 2 imposed by this court while granting bail to the petitioner. 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. 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 Additional Chief Judicial Magistrate, Thalassery 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 enter into the limits of Panoor Police station for a period of two months. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 5166 of 2009 3 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 ln