IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5066 of 2009 CRIME NO.465 OF 2009 OF MALA POLICE STATION, THRISSUR PETITIONER: ACCUSED: ------------------------------ SHANAVAZ @ SHANAVAS ,S/O. IRSHAD, AGED 25 YEARS, SIKKIRI VILLAGE, SHARANPUR DIT UTTAR PRADESH. BY ADV. SRI.M.SHYJU RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5066 OF 2009 ------------------------------------------------------ Dated this the 15th day of September, 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 accused in Crime No.465 of 2009 of Mala Police Station. 2. The offences alleged against the petitioner are under Sections 452, 324 and 302 of the Indian Penal Code. 3. The occurrence was on 14.6.2009. The petitioner was arrested on 18.6.2009. After completing the investigation, charge was laid in the case on 29.8.2009. 4. The petitioner belongs to Uttar Pradesh. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to offer security of the local sureties having immovable property in the Kerala State. It is also submitted by the learned counsel for the petitioner that the petitioner is prepared to abide by any condition that may be imposed by the court and that he will not leave the local B.A. NO. 5066 OF 2009 :: 2 :: limits of Mala Police Station without getting specific orders from the Judicial Magistrate of the First Class, Chalakkudy. 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 fact that charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.One lakh with two solvent suretie who belong to and who own immovable properties in the Kerala State, for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy, 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, Wednesdays and Saturdays, until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not leave the local limits of Mala Police Station without prior permission of the Judicial Magistrate of the First Class, Chalakkudy, until further orders; B.A. NO. 5066 OF 2009 :: 3 :: 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; 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. The sureties shall produce their title deeds in respect of their immovable properties for verification by the learned Magistrate. (K.T.SANKARAN) Judge ahz/