IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 4954 of 2010() ------------------------------------------ (CRIME NO.130/10 OF CHIRAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .......... PETITIONER/2ND ACCUSED: ------------------------------------------- BINU @ KARUMBAN BINU, S/O.BHADRAN, CHARUVILA VEEDU, AZHOOR DESOM, AZHOOR VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT(S): ----------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- BA No.4954 of 2010 ------------------------------------- Dated 27th August 2010 Order This is a petition filed under S.439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is the second accused in Crime No.130/10 of Chirayinkeezh Police Station for having committed the offences punishable under Ss.342, 365, 395 IPC and S.27 of the Arms Act. The allegation in the petition is that on 10.02.2010, at about 4 pm, the petitioner along with the other accused, took the defacto complainant into illegal custody and inflicted injuries to him and robbed him off Rs.2,000/-. 3. The petitioner says that he is totally innocent and has been falsely implicated in the case with ulterior motives. He was arrested on 09.07.2010 and since then, he has been in judicial custody. According to him, his BA No.4954/10 2 continued custody is not necessary as major portion of the investigation is already over. He, therefore, seeks bail. 4. The learned Public Prosecutor opposed the application, pointing out that the investigation is not yet complete. However, he submitted that if this court is inclined to grant bail, stringent conditions may be imposed. 5. Considering the nature of the offences alleged and the accusations made against the petitioner, it is felt that his continued custody may not be necessary. There is nothing to show that the detention of the petitioner is necessary for further investigation of the case. In the result, this application is allowed as follows : 1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum, each to the satisfaction of the JFCM, Attingal. 2. The petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 11 a.m. till BA No.4954/10 3 final report is laid. 3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE sta BA No.4954/10 4