IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6731 of 2009() ----------------------------- AGAINST THE ORDER IN CMP 4258/09 IN CMP.4162/2009 of J.M.F.C.,KASARAGOD CRIME NO.752/2002 OF KASARGOD POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- KADALIKKATTIL REJI @ ALICIOUS, S/O.DEVASYA @ KOCHETTAN, AGED 38/09, KADALIKKATTIL HOUSE, IDAVACHAVAGIRI, KUTTAKKUZHI, PALAVAYAL GRAMAM. BY ADV. SMT.T.SUDHAMANI RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6731 of 2009 ------------------------------------ Dated this the 17th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.752/2002 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 419, 420 and 120 B of the Indian Penal Code. 3. The prosecution case is that the petitioner stood as a surety for the release of one Abdul Khader, who is involved in a Sessions Case. Abdul Khader absconded. Notice was issued to the sureties including the petitioner. The petitioner stated before court that he never stood as a surety for Abdul Khader. The allegation is that the petitioner conspired with other accused and committed the offences alleged against him. 4. The petitioner was arrested on 23/10/2009 and he was remanded to judicial custody. 5. 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 B.A. No. 6731/2009 2 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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, 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 scm