IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7598 of 2009() ----------------------------- CMP.19971/2009 of J.M.F.C.-I, KOLLAM CRIME NO. 661/2009 OF KILIKOLLOOR POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------ SUBASH, S/O.SUDHARMMAN, PALLIVILA VEEDU, NANMA NAGAR, ARUNOOTTIMANGALAM CHERRY, MANGADU VILLAGE. BY ADVS. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR 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 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7598 of 2009 ------------------------------------ Dated this the 23rd day of December, 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.661/2009 of Kilikolloor Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 30.11.2009. The petitioner was arrested on 02.12.2009 and he is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner that in respect of the incident on 30.11.2009, another crime was registered as Crime No. 662/2009 in which the uncle of the petitioner is the de facto complainant. 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. 7598 of 2009 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-I, Kollam 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 ln