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. 3815 of 2009() ----------------------------- CRIME NO.43/2009 OF KANNAVAM POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- P.RAJESH, S/O.GOPI, PAREKANDI, THERUVIL, KANNAVAM P.O., CHITTARIPARAMBA-670 650, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND 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.3815 of 2009 ------------------------------- Dated this the 22nd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.43 of 2009 of Kannavam Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. The petitioner was arrested on 7.5.2009 and he is in judicial custody since then. 3. The application was seriously opposed by the learned public prosecutor. 4. Learned counsel for the petitioner pointed out that the petitioner had filed Bail Application Nos.2243 of 2009 and 3371 of 2009 before this Court which were dismissed by the order dated 3rd June 2009 and 24th June 2009 respectively. It is also pointed out that accused Nos.1 and 6 who were arrested on 10.4.2009 were released on bail on 10.7.2009. The fifth accused who was arrested on 4.4.2009 was released on bail on 4.7.2009. BA No.3815/2009 2 5. It is true that bail granted to the accused Nos.1, 5 and 6 were default bail invoking the proviso to Section 167(2) of the Code of Criminal Procedure. At the same time, the fact remains that in respect of the incident on 27.3.2009, the investigating agency had enough time to complete the investigation. Now, the petitioner is in judicial custody since 7.5.2009. In the facts and circumstances, I am of the view that the petitioner is entitled to be released on bail on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koothuparambu, 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, 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 enter the limits of Kannavam Police Station except for complying with conditions (a) and (b) until further orders or until final report is filed; 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; BA No.3815/2009 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. K.T.SANKARAN, JUDGE csl