IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4412 of 2009() ----------------------------- CRIME NO.254/CR/03, CBCID, MALAPPURAM UNIT APPLICANT/ACCUSED NO.1 ------------------------------------- V.PRASAD, VELLATHINKAL HOUSE, PANAMBAD, PURANGU P.O., PONNANI. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, MALAPPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4412 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.254/CR/03, CBCID, Malappuram Unit. 2. The offences alleged against the petitioner are under Sections 120B, 201 and 302 read with Section 34 of the Indian Penal Code. 3. The incident took place in the year 2001. The petitioner was arrested on 26.6.2009 and he was remanded to judicial custody. It is submitted by the counsel for the petitioner that the petitioner was interrogated by the investigating officer on getting custody as per the order of the court and that there is no necessity to detain him further. 4. 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 BA No.4412/2009 2 petitioner on stringent conditions. 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, Ponnani, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, Wednesday and Friday, 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 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 csl