IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3883 of 2009() ----------------------------- CRIME NO.323/2008 OF CHADAYAMANGALAM POLICE STATION NOW PENDING AS CP.59/2009 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER/4TH ACCUSED ------------------------------------------ VINOD, S/O.VIJAYAN, AGED 19 YEARS, PARAYADIYL PARUTHI POIKAYIL VEEDU, MADAN NADA, CHADAYAMANGALAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3883 of 2009 --------------------------------- Dated this the 17th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.323 of 2008 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 8.6.2008. After the investigation, charge was laid on 10.1.2009. Thereafter, the petitioner surrendered before court on 3.7.2009 and he was remanded to judicial custody. 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 fact that the charge was laid in the case, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, BA No.3883/2009 2 Kottarakkara, 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; c) 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 csl