IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6123 of 2009() ----------------------------- CRIME NO.59/2009 OF BEKAL POLICE STATION .................... PETITIONER/ACCUSED NO.8 ------------------------------------------- KANNAN, S/O.KUNHAMBU, AGED 52 YEARS, THACHANGAD, PANAYAL VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.V.SETHUKUTTY AMMA RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATION HOUSE OFFICER, BEKAL POLICE STATIO REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6123 of 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.8 in Crime No.59 of 2009 of Bekal Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 10.2.2009. The petitioner surrendered before court on 7.10.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 30.5.2009. 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 also the fact that charge was laid in the case, I am of the view that bail can be granted to BA No.6123/2009 2 the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 csl