IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5872 of 2011() ----------------------------- CRIME NO.1211/2011 OF THRIKAKARA POLICE STATION PETITIONER/5TH ACCUSED: ---------------------------- BIJU, AGED 24 YEARS, S/O.BABU, CHATHANVELIPADAM HOUSE, THRIKKAKARA P.O., PADAMUGAL, KAKKANAD. BY ADV. SMT.SHYLA SHAFFEQ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THRIKKAKARA, PIN-682 028. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5872 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.1211 of 2011 of Thrikakara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 294(b), 323, 324, 452 and 506(1) read with Section 149 of the Indian Penal Code. 3. The date of incident was on 10/07/2011 at 6 P.M. The petitioner was arrested on 13/07/2011. 4. The learned Public Prosecutor submitted that accused Nos.1 and 2 are persons with criminal antecedents and they are involved in several crimes. The learned counsel for the petitioner submitted that the petitioner is not involved in any offence and he is a bus driver aged 24 years. It is also submitted by the learned counsel for the petitioner that if bail is granted to the petitioner, he would not involve in any prejudicial activity. This submission is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5872/2011 : 2 : petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Aluva, subject to the following conditions: A) The petitioner shall not enter into the limits of Thrikakara Police Station for a period of two months except for the purpose of complying with conditions 'B' and 'C'. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5872/2011 : 3 : F) 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge