IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8549 of 2011() ----------------------------- CMP.8281/2011 of J.M.F.C.,KASARAGOD Crime No.316 of 2011 of Rajapuram Police Station, Kasaragod District .................... PETITIONER-4TH ACCUSED ------------------------------------------ VISHWANATHAN NAIR.P.B., S/O.BALAKRISHNAN, AGED 49 YEARS, PUTHUPARAMBIL HOUSE, PULIKKATAVU, PANATHADY VILLAGE, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8549 OF 2011 --------------------------------- Dated this the 21st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.316 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Section 308 of the Indian Penal Code and Sections 3 and 25 (a) of the Arms Act. 3. The date of occurrence was on 18.9.2011 at 1 A.M, The petitioner was arrested on 28.9.2011. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. As per the order dated 17th October, 2011 in B.A.No. 8549 OF 2011 2 B.A.No.8326 of 2011, bail was granted to accused No.2. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like amount to the satisifaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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; B.A.No. 8549 OF 2011 3 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. cms