IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3164 of 2009 CRIME NO.126/2009 OF MEDICAL COLLEGE POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ A.N.HARIKUMAR, S/O.NAGENDRAN, AGED 32 YEARS, TC 21/2027-1, "LAXMAN", SHASTHA KOIL STREET, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SURESH WILFRED RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3164 OF 2009 ------------------------------------------------------ Dated this the 12th June, 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.126 of 2009 of the Medical College Police Station. 2. The offence alleged against the petitioner is under Sections 120(B), 436, 212 and 307 read with Section 34 of the Indian Penal Code and Section 3 of the Explosive Substances Act. 3. The de facto complainant is the Assistant Commissioner of Police who was involved in the investigation of a scam, which is popularly known as “Total for you scam”. The prosecution case is that due to enmity of the accused towards the de facto complainant, on 25.2.2009 at 2.15 AM, the accused persons trespassed into the residence of the de facto complainant and hurled petrol bombs and damaged a Santro car belonging to him and caused loss to a tune of Rs.7 lakhs. B.A. NO. 3164 OF 2009 :: 2 :: 4. The petitioner surrendered before Court on 13.4.2009. He moved B.A.No.2682 of 2009, which was dismissed by this Court as per the order dated 22.5.2009. 5. It is submitted that B.A.No.2891 of 2009 filed by the fifth accused was allowed by this Court on 3.6.2009, as per Annexure C order. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thiruvananthapuram, 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.A. NO. 3164 OF 2009 :: 3 :: 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 ahz/