IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4586 of 2009() ------------------------------------ CMP.4415/2009 of J.M.F.C.-II, KOLLAM CRIME NO. 268/2009 OF KOLLAM EAST POLICE STATION .................... PETITIONER/4TH ACCUSED : ----------------------------------------- RAJESH, S/O. ASOKAN, RAJESH BHAVANIL KALLUMTHAZHAM CHERI, KILIKOLLOOR VILLAGE, KOLLAM. BY ADVS. SRI. JOHN BRITTO & SRI.C.A. RAJEEV RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST, EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4586 of 2009 ------------------------------------ Dated this the 19th 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.4 in Crime No.268/2009 of Kollam East Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the of the Indian Penal Code. 3. The incident was on 12.03.2009. The petitioner was arrested on 18.07.2009. The learned Magistrate dismissed the application for bail submitted by the petitioner, as per the order dated 20.07.2009. The investigation has progressed much. The petitioner is in judicial custody since 18.07.2009. 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. 4586 of 2009 2 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-II, 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