IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5538 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4287/2011 Dated 08/06/2011 CMP.4237/2011 of J.M.F.C.,PALA (CRIME NO.307 OF 2011 OF PALA POLICE STATION) .................... PETITIONER/ACCUSED -------------------------------------- CHAMS, S/O.ELDOSE, EDAPPATTU VEED, NEAR KOLLIKKADU WATER TANK, ANGADI KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALA POLICE STATION, KOTTAYAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5538 OF 2011 --------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 1st accused in Crime No.307 of 2011 of the Palai Police Station. 2.The offences alleged against the petitioner are under Sections 120-B, 419 and 376 read with 34 of the Indian Penal Code. 3.The petitioner was arrested on 15.5.2011. Bail Application No.4287 of 2011 filed by him before this Court was dismissed by the order dated 8th June, 2011. The investigation has considerably progressed thereafter. 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 B.A.No.5538 OF 2011 2 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 ` 50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Palai, 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. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.5538 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms