IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5099 of 2009() ------------------------------------ CRIME NO.402/2009 OF KATTAKADA POLICE STATION, TRIVANDRUM PETITIONER/ACCUSED -------------------------------------- BINU @ ALA BINU, S/O.SUNDARAN ACHARY, THADATHARIKATHU VEEDU, K.P.IV/393, UDIYANKONAM, CHANDRAMANGALAM, AMACHALMURY, KULATHUMMAL VILLAGE, BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT/STATE: --------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5099 of 2009 ------------------------------------ Dated this the 17th day of September, 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. 402 of 2009 of Kattakada Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 449, 294(b), 323 and 302 of the Indian Penal Code. 3. The date of occurrence was on 26/7/2009. The petitioner was arrested on 27/7/2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. 6. The petitioner shall be released on bail on his executing B.A. No. 5099 / 2009 2 bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 enter the limits of Kattakada Police Station for a period of two months except for complying with conditions A and B. 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