IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7746 of 2009() --------------------------------------- AGAINST THE ORDER DATED 17/11/2009 IN CMP 14526/09 IN CP.62/2009 of J.M.F.C., KAYAMKULAM CRIME NO.519/2009 OF KAYAMKULAM POLICE STATION, ALAPPUZHA .................... PETITIONER/ACCUSED NO.1: --------------------------------------------- KALESH @ KOCHUMON, AGED 25 YEARS, S/O.JAGADEVAN, PLAMOOTTIL VEEDU, DEVIKULANGARA P/W-2, VADAKKUKOCHU MURI, PUTHUPPALLAY VILLAGE. BY ADV. SMT.C.G.PREETHA RESPONDENT/COMPLAINANT/STATE: --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7746 of 2009 ------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.519/2009 of Kayamkulam Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 324, 308 and 506(ii) read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 5/7/2009. The petitioner surrendered before the court on 17/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 14/12/2009. 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 also the fact that charge sheet was filed, I am of the view that bail can be granted to the petitioner. B.A. No. 7746/2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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