High Court Kerala High Court

Suryaveeran vs State Of Kerala on 26 November, 2009

Kerala High Court
Suryaveeran vs State Of Kerala on 26 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6928 of 2009()


1. SURYAVEERAN,S/O.MANOJ,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :26/11/2009

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 6928 OF 2009
              ------------------------------------------------------
            Dated this the 26th day of November, 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 third accused in Crime No.637

of 2009 of Eravipuram Police Station.

2. The offences alleged against the petitioner are under Sections

324, 326 and 308 read with Section 34 of the Indian Penal Code and

Section 27 of the Arms Act.

3. The date of occurrence was on 8.11.2009. The petitioner was

arrested on 11.11.2009.

4. Learned Public Prosecutor submitted that two persons are yet to

be identified and arrested. Learned counsel for the petitioner submitted

that those two persons have filed applications for anticipatory bail and,

therefore, there is no question of any difficulty in identifying them. The

petitioner is prepared to abide by any condition that may be imposed for

granting bail.

B.A. NO. 6928 OF 2009

:: 2 ::

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.

6. 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-II, Kollam, 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 enter the limits of Eravipuram Police
Station for a period of two months;

d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

e) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;

f) 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/