IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 487 of 2010() -------------------------------------- CRIME NO.393/2009 OF KIDANGOOR POLICE STATION, KOTTAYAM ........... PETITIONER/ACCUSED -------------------------------------- M.R.SUNIL KUMAR, AGED 52 YEARS, S/O.RAMAN KUTTY, MANIYAMKUNDATHIL HOUSE, CHALAPARAMBU, VAKKOM P.O., KOTTAYAM DISTRICT. BY ADV.MR.K.V.SABU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 487 of 2010 ------------------------------------ Dated this the 3rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 393/2009 of Kidangoor Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 420, 468 and 471 of the Indian Penal Code. 3. The petitioner was arrested on 04.01.2010 and he is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The petitioner had moved the learned Sessions Judge for bail. That application was dismissed by the order dated 20.01.2010. It is stated that the investigation has progressed much thereafter. 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 investigation, I am of the view that bail can be granted to the petitioner. B.A. No. 487 of 2010 2 6. 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, Ettumanoor 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 surrender his passport before the Court of the Judicial Magistrate of the First Class, Ettumanoor within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. 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. B.A. No. 487 of 2010 3 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 ln