Riyas @ Shiyas Aged 27 vs Kerala State Represented By The … on 24 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3382 of 2009()


1. RIYAS @ SHIYAS AGED 27,
                      ...  Petitioner

                        Vs



1. KERALA STATE REPRESENTED BY THE S.H.O.
                       ...       Respondent

                For Petitioner  :SRI.MATHAI VARKEY MUTHIRENTHY

                For Respondent  : No Appearance

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

 Dated :24/06/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 3382 OF 2009
               ------------------------------------------------------
                     Dated this the 24th 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.523 of

2009 of Palarivattom Police Station.

2. The offences alleged against the petitioner are under Sections

324, 326, 365 and 308 read with Section 34 of the Indian Penal Code.

3. The petitioner was arrested on 18.5.2009 and he is in judicial

custody. Accused No.2 was granted bail as per the order dated

15.6.2009 in B.A.No.3171 of 2009. Learned counsel for the petitioner

submitted that the first accused was also released on bail.

4. 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.

5. The petitioner shall be released on bail on his executing bond

B.A. NO. 3382 OF 2009

:: 2 ::

for Rs.50,000/- with two solvent sureties for the like amount to the

satisfaction of the Judicial Magistrate of the First Class – I, Ernakulam,

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 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/