IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 2955 of 2009() ----------------------------- CRIME NO.667/2008 OF KODUNGALLUR POLICE STATION PETITIONERS (S): ACCUSED NO.13: ---------------------------------- KISHORE P.B., AGED 32 YEARS, S/O.BHASKARAN, PANANGATT HOUSE, MULLAN BAZAR, S.N.PURAM. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.2955 of 2009 ------------------------------- Dated this the 19th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused No.13 in Crime No. 667 of 2008 of Kodungallur Police Station. 2. The offences alleged against the petitioner are under Sections 120(B), 341 and 302 of the Indian Penal Code. 3. The incident was on 30.6.2008. It is submitted by the learned counsel for the petitioner that originally, six persons were made accused in the case. Subsequently, they were deleted and other 14 persons were included as the accused persons. Accused Nos.7 and 8 were granted bail by the trial court. That order was challenged before the learned Sessions Judge. The learned Sessions Judge held that the learned Magistrate was not justified in granting bail and the bail was cancelled. That order was challenged by the accused Nos.7 and 8 before this Court in Crl.R.P.No.1224 of 2009. Stay was granted by this Court. The Crl.R.P. is pending. 4. The petitioner was arrested on 22.5.2009. The learned public prosecutor submitted that the petitioner is involved in two other BA No.2955/2009 2 cases, in one of which the offence alleged is under Section 302 of the Indian Penal Code. 5. In answer to the submission, the learned counsel for the petitioner submitted that similar objection was raised in the Bail Application filed by accused Nos.7 and 8 that they were involved in more than 17 cases. It was pointed out before court by those accused that in 14 cases, they were acquitted. Taking into account of those facts, the learned Magistrate was inclined to grant bail. Now all the accused persons except the petitioner are on bail. 6. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for BA No.2955/2009 3 interrogation as and when required; c) The petitioner shall not enter into the territorial limits of Kodungallur Police Station except for complying with conditions (a) and (b), until further orders. d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl