IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3164 of 2009()
1. A.N.HARIKUMAR, S/O.NAGENDRAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3164 OF 2009
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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
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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
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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/