IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5748 of 2009() ----------------------------- CMP.5196/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.298/2009 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: -------------------------------------- RAJENDRAN, AGED 26 YEARS, S/O.RADHAKRISHNAN, MANNOOKKALA PUTHEN VEEDU, KUTTIYANIKKADU, KUTTIYAN IKKADU DESOM, KEEZHAROOR VILLAGE. BY ADV. SRI.S.D.ASOKAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, VELLARADA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5748 of 2009 ------------------------------------ Dated this the 8th day of October, 2009 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.298/2009 of Aryancode Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 307 of the Indian Penal Code. 3. The date of occurrence was on 17/9/2009. The petitioner was arrested on 18/9/2009. The petitioner is in judicial custody since then. It is submitted that there is a counter case also. 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 a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 5748 / 2009 2 Class-I, Neyyattinkara 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 for a period of one month and thereafter on every Monday, 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