IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6181 of 2009() ------------------------------------ CRIME NO. 115/2009 OF KELAKAM POLICE STATION .......................... PETITIONER/ACCUSED: ---------------------------------- SHYJU, S/O. MATHEW, AGED 32 YEARS, THACHANALIL HOUSE, SANTHIGIRI, KELAKAM P.O., CHETTIAMPARAMBA, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ------------------------------------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6181 of 2009 ------------------------------------ Dated this the 27th day of October, 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. 115/2009 of Kelakam Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 04.07.2009. The petitioner was arrested on 29.09.2009 in connection with Crime No. 188 of 2009 of Kelakam Police Station. Formal arrest of the petitioner was recorded in the present case on 25.10.2009. The allegation is that in Crime No. 115/2009, the defacto complainant and his friend Anoop were attacked by the accused. The allegation in Crime No. 188/2009 is that the petitioner committed the offence against Anoop, the friend of the defacto complainant in the present case. It is submitted that both the incidents are inter connected. The petitioner is in judicial custody since 29.09.2009 in connection with another crime, which is closely connected with the incident in Crime No. 115/2009. B.A. No. 6181 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kuthuparamba 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 B.A. No. 6181 of 2009 3 be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln