High Court Kerala High Court

Manu vs State Of Kerala on 9 December, 2009

Kerala High Court
Manu vs State Of Kerala on 9 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6722 of 2009()


1. MANU,S/O.MANIYAN,VATTAVILA PUTHEN VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REPRESENTED BY THE
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,BALARAMAPURAM

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :09/12/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.6722 of 2009
                  ---------------------------------------------
            Dated this the 9th day of December, 2009


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is accused No.5 in

Crime No.208 of 2008 of Balaramapuram Police Station.

2. The offences alleged against the petitioner are under

Sections 120B, 143, 147, 148, 109, 458, 323, 324 and 302 read

with Section 149 of the Indian Penal Code.

3. The date of occurrence was on 15.5.2008. The

petitioner was arrested on 23.10.2009.

4. It is submitted by the learned counsel for the

petitioner that all the accused persons were arrested and they

were released on bail. It is also submitted by the learned

counsel for the petitioner that the deceased had abducted the

sixth accused and he was detained by the deceased for a few

days. The prosecution case is that the murder was committed as

a retaliation for the said abduction and detention. The

investigation is at the final stage.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

BA No.6722/2009 2

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.

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 Judicial Magistrate of the First

Class-III, Neyyattinkara, subject to the following conditions:

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Monday and
Thursday, 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
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