IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4645 of 2009() --------------------------------------- CP.29/2009 of ADDL.C.J.M.,THALASSERY CRIME NO.47/ 2008 OF KADIRUR POLICE STATION. .................... PETITIONER/ACCUSED: ------------------------------- MAHESH, S/O.BALAN, AGED 38 YEARS, PUTHANPARAMBATH HOUSE, OLD ROAD, KUTHUPARAMBA. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/ COMPLAINANTS: --------------------------------------------------- THE STATION HOUSE OFFICER, KADIRUR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4645 of 2009 ------------------------------------ Dated this the 20th day of August, 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.3 in Crime No.47/2008 of Kadirur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 11/02/2008. It is submitted that charge was laid in the case on 5/12/2008. The petitioner was arrested on 25/07/2009 in execution of the non- bailable warrant issued by the court. The petitioner is in judicial custody since then. 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. 5. The petitioner shall be released on bail on his executing B.A. No.4645/2009 Page numbers bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery 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 scm