IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3636 of 2009() ----------------------------- CRMP.1598/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.270/2009 OF KILIKOLLOOR POLICE STATION. .................... PETITIONER/3RD ACCUSED ------------------------------------------ SHAHEER, AGED 31, S/O.JAMALUDEEN, ANOOR KIZHAKKATHIL, ORUMA NAGAR 143, KILIKOLLOOR P.O., KOLLAM. BY ADV. SRI.JOHN BRITTO RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3636 of 2009 ------------------------------------ Dated this the 6th 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 3rd accused in Crime No. 270/2009 of Kilikolloor Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 323, 427 and 308 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 2/06/2009. The petitioner was arrested on 3/06/2009 and he is in judicial custody. 4. The learned Public Prosecutor submitted that other accused in the case are not arrested so far. The learned Public Prosecutor also submitted that the investigation of the case has progressed much. 5. 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. B.A. No. 3636 / 2009 Page numbers 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm