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. 4644 of 2009() ------------------------------------- CRIME NO. 221/2009 OF POTHANICAD POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- MANOJ, S/O. MATHAI, AGED 48 YEARS, VAYALPARAMBIL HOUSE, PULINTHANAM KARA, POTHANICAD VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI. N.N. ELAYATH RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATION HOUSE OFFICER, POTHANICAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU JACOB 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. 4644 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 the accused in Crime No.221/2009 of Pothanicad Police Station 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 17.04.2009. The petitioner was arrested on 10.06.2009. It is submitted by the learned Public Prosecutor that charge was laid in the case on 28.07.2009. 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 bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 4644 of 2009 2 Class, Kothamangalam 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 ln