IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3937 of 2009() -------------------------------------------- CMP.5845/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.928/2009 OF KOTTARAKARA POLICE STATION. .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- VIJITH KUMAR, AGED 22 YEARS, S/O. VIJAYAN, CHARUVILA PUTHEN VEEDU, NADUKUNNU MURI, MELILA VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/ COMPLAINANT/STATE: ------------------------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOTTARAKARA POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3937 of 2009 ------------------------------------ Dated this the 22nd day of July, 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.928/2009 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 341, 294(b), 323 and 304 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the petitioner was arrested on 17/06/2009 and he is in judicial custody since then. The learned Public Prosecutor submitted that the investigation has progressed much. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like B.A. No. 3937 /2009 Page numbers amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara 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. 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