IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl.No. 4640 of 2009 ----------------------------- (CRIME NO.335/2009 OF VALAPATTANAM POLICE STATION) PETITIONER/THIRD ACCUSED: ---------------------------------- M.V. VIJAYAN, S/O.NARAYANAN, MELETHVALAPPIL HOUSE, TODDY TAPPER, MULLAKODI P.O., KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA- SHO VALAPATTANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4640 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of 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 accused No.3 in Crime No.335 of 2009 of theValapattanam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 451 and 436 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the offence was committed on 16.05.2009, the date on which the result of parliament election was declared. The petitioner and accused No.7 were arrested on 02.06.2009. Some other accused persons surrendered before the police on 01.07.2009. The petitioner is in judicial custody. 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 petitioner. 5. The petitioner shall be released on bail on his executing B.A. No.4640 OF 2009 -:2:- bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II,Kannur, 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 ttb B.A. No.4640 OF 2009 -:3:-