IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7396 of 2009()
1. JOY, S/O.ABRAHAM, NIRAPPUVILA PUTHEN
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7396 OF 2009
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Dated this the 23rd day of December, 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.4 in Crime No.781
of 2002 of Kottarakara Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 450, 324, 326 and 307 read with Section
149 of the Indian Penal Code.
3. The date of occurrence was on 2.9.2002. The petitioner
could be arrested only on 26.11.2009 as he was absconding.
4. It is submitted by the learned counsel for the petitioner that
the petitioner is prepared to comply with any condition that may be
imposed by the Court.
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.
B.A. NO. 7396 OF 2009
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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-I,
Kottarakkara, 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 and
Thursdays, 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 surrender his passport, within one
week from the date of release on bail, before the
Judicial Magistrate of the First Class-I, Kottarakkara. If
the petitioner does not hold a passport, an affidavit to
that effect shall be filed.
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/