IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3904 of 2009() ------------------------------------- CRIME NO.147/2009 OF VANDIPERIYAR POLICE STATION, IDUKKI PETITIONER/ACCUSED -------------------------------------- SIVAKUMAR @ SIVAN, S/O.DEVARAJ, PASUMALA ESTATE IST DIVISION, LAYATHIL THAMASAM, PASUMALA KARA, MANJUMALA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT: -------------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3904 of 2009 ------------------------------------ Dated this the 20th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 147/2009 of Vandiperiyar Police Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 294(b) and 308 of the Indian Penal Code. 3. 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. 4. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount, who own immovable properties in Idukki district, to the satisfaction of the Judicial Magistrate of the First Class-II, Peermade subject to the following conditions:- A) The petitioner shall report before the B.A. No. 3904 / 2009 Page numbers 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) The petitioner shall not leave the local limits of the Vandiperiyar Police Station without informing the investigating officer in writing. 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 scm