IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / TH SRAVANA 1931 Bail Appl..No. 4020 of 2009() ------------------------------------- CRMP.3336/2009 of J.M.F.C.,THIRUVALLA CRIME NO. 606/2009 OF THIRUVALLA POLICE STATION .................... PEITIONER/ACCUSED ---------------------------------- SURESH, S/O. THANKAPPAN, KURUTHIKALATHILAYA KUNTHARAYIL VEEDU, ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4020 of 2009 ------------------------------------ Dated this the 27th day of July, 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 4th accused in Crime No.606/2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 395, 365 and 342 of the Indian Penal Code. 3. Bail Application No.3750/2009 filed by the petitioner was dismissed by the order dated 10/07/2009. 4. The learned Public Prosecutor submitted that the investigation is at the initial stage and other accused were not arrested. 5. I have perused the Case Diary. The submission of the learned counsel for the petitioner is that there is no allegation that the petitioner has done any overt act, except taking the authorikshaw to the places as suggested to him. Prima facie, I am not inclined to accept the submission made by the counsel for the petitioner in toto. At the same time, on going through the Case Diary, it is seen that the petitioner was acting on the B.A. No. 4020 / 2009 Page numbers dictates of one Satheesan and he had taken the autorikshaw to the place as directed by Satheesan. 6. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner on some stringent conditions. 7. 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, Thiruvalla 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 and Thursdays, 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while B.A. No. 4020 / 2009 Page numbers on bail. 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 scm