IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7192 of 2009() --------------------------------------- CRIME NO.250/2009 OF CHAKKARAKKAL POLICE STATION, KANNUR. PETITIONER/1ST ACCUSED: ------------------------------------------ PRASAD C, AGED 34 YEARS, S/O.KUNHIKANNAN K.V., KODI VALAPPIL HOUSE, MACHERY, MOUVANCHERY P.O., CHELORA AMSOM, KANNUR TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. THE SUB INPSECTOR OF POLICE, CHAKKARACKAL POLICE STATION, THALASSERY. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7192 of 2009 ------------------------------------ Dated this the 8th day of December, 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 first accused in Crime No.250/2009 of Chakkarakkal Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 143, 147, 341, 323, 324, 326,447 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 1/9/2009. The petitioner surrendered before court on 18/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner pointed out that accused No.5 was granted bail by this Court by the order dated 9/10/2009 in B.A. No.5692/2009 and that accused No.2 was granted bail by the Sessions Court as per the order dated 1/10/2009. 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 the present stage of B.A. No. 7192/ 2009 2 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 bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Thalassery 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 scm