IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 175 of 2010 CRIME NO.540 OF 2008 OF KEEZHVAYPUR POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONER.4TH ACCUSED ------------------------------------------ SABU S/O. BABU, PINDICHIRA HOUSE, VEROOR KARA, CHETHIPPUZHA VILLAGE, CHANGANASSERRY. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 175 OF 2010 F ------------------------------------------------------ Dated this the 18th day of January, 2010 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.4 in Crime No.540 of 2008 of Keezhvaypur Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 120B, 143, 147, 148, 149, 294(b), 324, 326 and 307 of the Indian Penal Code. 3. The date of occurrence was on 20.10.2008. The petitioner could be arrested only on 27.12.2009. It is submitted that all the other accused in the case were arrested and they were released on bail. 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 B.A. NO. 175 OF 2010 :: 2 :: of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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 Thursdays, 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 ahz/