IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2947 of 2009() ------------------------------------- CRIME NO.132/2009 OF GANDHINAGAR POLICE STATION PETITIONER/ ACCUSED NO.2: ---------------------------------------- NIBU @ APPU S/O.RAJENDRAN, CHOORAKKATTIL VEEDU PERUMBAIKKADU VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/STATE: -------------------------------- THE SUB INSPECTOR OF POLICE GANDHINAGAR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2947 of 2009 ------------------------------------ Dated this the 5th day of June, 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 No.2 in Crime No. 132/2009 of Gandhinagar Police Station. 2. The offences alleged against the petitioner are under Sections 452, 323, 354, 506(ii) and 294 (b) read with Section 34 of the Indian Penal Code. 3. The petitioner is in judicial custody since 28/04/2009. The learned Public Prosecutor submitted that the first accused was already granted bail and that charge was laid by the police. 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 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.2947 / 2009 2 Class, Ettumanoor subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm