IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4985 of 2009() ----------------------------- CR.NO.274 OF 2009 OF KURATHIKAD POLICE STATION, ALAPPUZHA CMP.4474/2009 of J.M.F.C.-I, MAVELIKKARA PETITIONER/2ND ACUSED ----------------------------------------- GEEVARGHESE, AGED 55, S/O.VARKEY GEORGE, KOORAMCHIRA BINU VILLA, VETTIYAR MURI, VETTIYAR VILLAGE,. BY ADV. SRI.K.SASIKUMAR RESPONDENT: --------------- STATE OF KERALA,REPRESENTED .BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2 IMPLEADED: SAMKUTTY GEORGE, AGED 45 YEARS, S/O.GHEEVARGHESE GEORGE, RESIDING AT M.M.VILLA, EDAPPON MURI. ADDL.R2 IS IMPLEADED AS PER THE ORDER DATED 07/09/2009 ON CRL.M.A.NO.4923 OF 2009. R1 BY PUBLIC PROSECUTOR SRI.TEKCHAND ADDL.R2 BY ADV. SRI.R.PADMAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4985 of 2009 --------------------------------------------- Dated this the 7th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.274 of 2009 of Kurathikad Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 323, 324 and 308 of the Indian Penal Code. 3. The incident occurred on 15.8.2009. The petitioner was arrested on 16.8.2009. The investigation of the case is not complete. 4. I have heard the learned counsel appearing for the de facto complainant as well. 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. BA No.4985/2009 2 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, Mavelikara, 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 csl