IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7526 of 2009() ----------------------------- CRIME NO.164/89 OF KADAKKAL POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ RADHAKRISHNAN, AGED 26, S/O.KARUNAKARA KURUP, SARASWATHI VILASOM VEEDU, CHITHARA, CHITHARA VILLAGE. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KADAKKAL. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7526 of 2009 --------------------------------------------- Dated this the 21st day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.164 of 1989 of Kadakkal Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148 and 447 read with Section 149 of the Indian Penal Code and Section 4 of the Explosive Substances Act. 3. The date of occurrence was on 3.8.1989. The prosecution case is that there was a clash between the workers of two political parties. It is stated that all the accused except the petitioner were acquitted. It is stated that the petitioner was working abroad and therefore, he could not appear before court and could not participate in the trial. The case against him was split up and it is now numbered in the long pending case as L.P.No.12/93 on the file of the court of the Judicial Magistrate of the First Class-II, Kottarakara. In execution of the non bailable warrant, the petitioner was arrested on 10.12.2009 and he was BA No.7526/2009 2 remanded to judicial custody. Though he moved an application for bail that was dismissed by the order dated 10th December, 2009 by the learned Magistrate. 4. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any condition that may be imposed by the court. He is also prepared to appear before court on all posting dates and to co-operate with the trial of the case. 5. Taking into account the facts and circumstances of the case and the duration of the judicial custody undergone by the petitioner, 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 amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: a) The petitioner shall surrender his passport before the court of the Judicial Magistrate of the First Class-II, Kottarakara; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.7526/2009 3 d) The petitioner shall appear before court on all posting dates unless otherwise directed by the court; 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