IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6692 of 2009() ------------------------------------ CRIME NO. 1296/2009 OF KOLLAM EAST POLICE STATION .................... PETITIONER/4TH ACCUSED: ------------------------------------------ NEEYAS, S/O.ABDUL SATHAR VELICHEM NAGAR-148, H.AND C COMPOUND PALLITHOTTAM CHERRY, KOLLAM DISTRICT. BY ADV. SRI.B.CHANDRA LAL RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S.SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6692 of 2009 ------------------------------------ Dated this the 12th day of November, 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. 1296/2009 of Kollam East Police Station. 2. The offence alleged against the petitioner is under Section 402 of the Indian Penal Code. 3. On 20/10/2009 at 2.15 A.M, the accused persons were found in suspicious circumstances near a Railway over bridge. According to the prosecution, certain implements for house breaking were found from the possession of the accused persons. 4. The learned Public Prosecutor submitted that after completing the investigation charge was laid in the case. 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 the petitioner. 6. The petitioner shall be released on bail on his executing B.A. No. 6692/ 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 Station House Officer, kollam East Police Station between 9 A.M. and 11 A.M. on alternate Mondays, until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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