IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5416 of 2009() ----------------------------------------- (CRIME NO.123 OF 2009 OF GURUVAYUR POLICE STATION, THRISSUR DISTRICT) PETITIONER): ACCUSED NO.5: ----------------------------------------------- ANILKUMAR,S/O.VELAYUDHAN, PULINCHERY HOUSE, NAMBAZHIKKAD, MATTOM, ATTAYOOR, KANDINISSERY VILLAGE. BY ADV. MR.SANTHEEP ANKARATH RESPONDENT(S): COMPALINANT: --------------------------------------------------- STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE STATION HOUSE OFFICER, GURUVAYUR POLICE STATION,THRISSUR DISTRICT. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5416 of 2009 ------------------------------ Dated this the 25th 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.5 in Crime No. 123/2009 of Guruvayur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 13.2.2009. The petitioner was arrested on 08.09.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that accused Nos. 1 to 3 were released on bail as per the order dated 13.03.2009 in B. A. No. 1120/2009, accused No.4 was released on bail as per the order dated 16.03.2009 in B. A. No. 1183/2009 and accused No. 6 was released on bail as per the order dated 17.09.2009 in B. A. No. 5620 of 2009. 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 B.A. No. 5416 of 2009 2 investigation, I am of the view that bail can be granted to the petitioner. 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, Chavakkad 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 Thursdyas, 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 ln