IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 2694 of 2009 CRIME NO.149 OF 2009 OF SULTHAN BATHERY POLICE STATION CRMP.1155/2009 OF SESSIONS COURT, WAYANAD, KALPETTA PETITIONER/ACCUSED -------------------------------------- MASHOOD, AGED 22 YEARS, S/O. JAMAL HAJI, VASHAKANDI HOUSE, PALLIKANDY, SULTHANBATHERY TALUK. BY ADV. SMT.B.VIJUBALA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERLA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2694 OF 2009 F ------------------------------------------------------ Dated this the 12th 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 in Crime No.149 of 2009 of Sulthan Bathery Police Station. 2. The offence alleged against the petitioner is under Section 307 of the Indian Penal Code. 3. The prosecution case is that on 19.4.2009, the petitioner stabbed the de facto complainant Rajesh, who sustained injuries. The petitioner was arrested on 22.4.2009 and he is in judicial custody. 4. Learned Public Prosecutor submitted that investigation of the case is almost over. The accused is involved in other crimes as well. The bail application was rejected by the Sessions Court by the order dated 4.5.2009 on the ground that investigation is not completed and also on the ground that the petitioner is involved in other cases. B.A. NO. 2694 OF 2009 :: 2 :: 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 bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Sulthan Bathery, 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 ahz/