IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Bail Appl..No. 6361 of 2009() ----------------------------- CRIME NO.299/2009 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA .................... PETITIONER/6TH ACCUSED ------------------------------------------ SATHEESH KUMAR,S/O.G.KUMAR, SUDHA BHAVAN,HOUSE NO.T.C.41/896, KILLIPPALAM KARA,MANAKKADU VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): 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 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6361 of 2009 --------------------------------------------- Dated this the 5th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.299 of 2009 of Pulikeezhu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 3.9.2009. The petitioner was arrested on 14.10.2009. 4. The learned counsel for the petitioner submitted that the allegation levelled against the petitioner is that he took accused Nos.1 to 5 to the scene of occurrence, accused Nos.1 to 5 caused serious injury to the defacto complainant and that the petitioner waited till the commission of the offence and took them back. It is submitted that there is no allegation for the prosecution that the petitioner inflicted any injury on the defacto complainant. 5. Taking into account the facts and circumstances of the BA No.6361 /2009 2 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.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 every Monday and Thursday 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 csl