IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2816 of 2009() --------------------------------------- R.C./5/S/2007 OF SCB CHENNAI DIVISION .................... PETITIONER/ACCUSED NO.6: ------------------------------------------- ABOOBACKER HAJI MALANKU, AGED 55 YEARS, S/O.MUHAMMED HAJI, MANNAMKUZHI P.O. UPPALA, KAZARGOD DISTRICT. BY ADV. SRI.V.JOHN SEBASTIAN RALPH RESPONDENT/COMPLAINANT: ------------------------------------------------ 1. CBI, SCB, CHENNAI, REPRESENTED BY ITS PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA OF ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2816 of 2009 ------------------------------------ Dated this the 8th day of June, 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 No.6 in R.C./5/S/2007/CBI/SCB/Chennai Division. 2. The offences alleged against the petitioner are under Sections 302, 120(B), 212 read with Section 34 of the Indian Penal Code. 3. Petitioner was arrested on 20/4/2009. It is submitted that the first accused was not arrested as he is absconding. Accused Nos.2, 3 and 4 were released on bail. It is also stated that the 5th accused was released on bail on the same day of his arrest. The petitioner is in judicial custody since 20/04/2009. 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 B.A. No. 2816/ 2009 2 bond for Rs.1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam subject to the following conditions:- A) The petitioner shall report before the CBI office, Ernakulam between 9 A.M. and 1 P.M. on every Monday, 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 surrender his passport before the Court of Chief Judicial Magistrate, Ernakulam. 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