IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4508 of 2009 CRIME NO.63 OF 2006 OF KILIMANOOR POLICE STATION CMP.8485/2009 of J.M.F.C.-II,ATTINGAL PETITIONER/ACCUSED NO.2 ------------------------------------------- SHAJI @ SHAJAHAN, S/O. SAINULABDEEN, VILAYIL PUTHEN VEEDU, PARASAKTHI DEVI TEMPLE ROAD, CHEKKALAKONAM, NAGAROOR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. 2. THE CIRCLE INPSECTOR OF POLICE, KILIMANOOR POLICE STATION. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4508 OF 2009 ------------------------------------------------------ Dated this the 21st August, 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 second accused in Crime No.63 of 2006 of Kilimanoor Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. There are five accused persons in the case. The date of occurrence was on 3.2.2006. 4. The petitioner is one of the accused in Crime No.169/CR/TVM/06 of CBCID, Thiruvananthapuram. It is submitted by the learned counsel for the petitioner that in that case the petitioner was granted default bail under Section 167(2) of the Code of Criminal Procedure and, therefore, the petitioner did not press B.A. NO. 4508 OF 2009 :: 2 :: B.A.No.4527 of 2009, which is came up for hearing today. Crime No.169 of 2006 relates to an offence under Section 302 of the Indian Penal Code. 5. In the present case, the arrest of the petitioner was recorded on 25.5.2009. The petitioner surrendered before Court on 12.5.2009 in Crime No.169 of 2006 referred to above. 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, the present stage of investigation and also the fact that the petitioner was released on bail in Crime No.169 of 2006, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Attingal, subject to the following conditions: B.A. NO. 4508 OF 2009 :: 3 :: 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 leave the limits of Kilimanoor Police Station for a period of two months without giving prior intimation to the investigating officer; 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. (K.T.SANKARAN) Judge ahz/