IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5915 of 2009() ----------------------------- CRIME NO.731/2009 OF VIZHINJAM POLICE STATION PETITIONER/ACCUSED ------------------------------------- BADARUDEEN, S/O. MAMMAD, RESIDING AT THE HOUSE OF MAITHEENKANNU, CHANALKKARA VEEDU, NEAR NEMOM SCHOOL, NEMOM VILLAGE, TRIVANDRUM (CHIRAYIKKODE PUTHEN VEEDU, PAZHAYAROAD, VIZHINJAM) BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5915 of 2009 --------------------------------------------- Dated this the 15th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.731 of 2009 of Vizhinjam Police Station. 2. The offences alleged against the petitioner are under Sections 308 and 427 of the Indian Penal Code. 3. The date of occurrence was on 27.9.2009. The petitioner was arrested on 30.9.2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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 Rs.25,000/- with two solvent sureties for the like BA No.5915/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, 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 alternate 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 csl