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. 5736 of 2009() ----------------------------------------- CRIME NO.304/2009 OF TOWN NORTH POLICE STATION, PALAKKAD APPLICANT/ACCUSED: ------------------------------------- ANILKUMAR @ ANIL,S/O.VELAYDHAN, KAREKKAD VEEDU,KARINKARAPALLY,PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I.OF POLICE, TOWN NORTH POLICE STATION. SRI. M.S.BREEZ, 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. 5736 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 first accused in Crime No. 304/2009 of the Town North Police Station, Palakkad. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 120 B, 212 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 23/7/2009 at 11 A.M. It is alleged that there was a clash between two goonda gangs. One Yogesh was murdered in the incident. 4. The petitioner was arrested on 27/7/2009. The investigation is not completed and the charge is not laid. Therefore, the petitioner is entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and also the fact that charge was not laid in the case, I am of the view that bail can be granted to the petitioner. B.A. No. 5736 /2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Palakkad 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 for a period of two months and thereafter 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 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 scm