IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6258 of 2010(B) ----------------------------------- (CRIME NO.159/2010 OF PERUVANTHANAM POLICE STATION, IDUKKI DISTRICT S.C.NO.346/2010 OF SESSIONS COURT, THODUPUZHA) ............. PETITIONER/ACCUSED NO.2 ---------------------------------- SHIHAB, S/O.ABDUL SAMAD, PETHAKUZHIPARAMBU, KANJIRAPPALLY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------------------- THE SUB INSPECTOR OF POLICE, PERUVANTHANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.6258 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED: 8th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.159/2010 of Peruvanthanam Police Station for offences punishable under Secs. 341, 294(b) and 308 read with 34 I.P.C., seeks his enlargement on bail. Petitioner was arrested on 22.6.2010. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the petitioner is involved in a murder case. 3. Having regard to the fact that the petitioner has been in custody for 107 days and the occurrence is not a pre-planned one and motive for the occurrence is the act of overtaking the vehicle in which A1 to A3 were travelling and having further regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a Bail Application No.6258 of 2010 2 bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Since the case is now pending before the Sessions Court, Thodupuzha as S.C.No.346/2010, the petitioner shall report before the Chief Ministerial Officer of that court between 10 a.m. and 1 p.m. on all Wednesdays till further orders to be passed by that court. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb