IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Bail Appl..No. 7955 of 2011() ----------------------------- CRIME NO.67/2011 OF RAILWAY POLICE STATION, ERNAKULAM .................... PETITIONER (S): 2ND ACCUSED ------------------------------- VIVEKANANDAN @ VIVEK, AGED 28 YEARS, S/O.RAJAN, NO.26/11, PULLANIKKADU HOUSE, POOLAKKADVU ROA, KARUVATTOOR VILLAGE, KOZHIKKODE DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7955 of 2011 --------------------------- Dated this the 9th day of November, 2011 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.2 in Crime No.67 of 2011 of Railway Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested in connection with Crime No.48 of 2011 of Town North Railway Police Station, Ernakulam and his formal arrest was recorded on 24.8.2011. Charge sheet has not been filed so far. Therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. BA 7955/11 2 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ernakulam, 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, 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; BA 7955/11 3 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 csl