IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5795 of 2009()
1. ABOOBACKER @ ABU, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5795 OF 2009
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Dated this the 12th day of October, 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 accused in Sessions Case
No.300 of 2009 on the file of the Additional Sessions Court Ad-hoc
II, Ernakulam (Crime No.1034 of 2009 of Kothamangalam Police
Station).
2. The offence alleged against the petitioner is under Section
302 of the Indian Penal Code.
3. The date of occurrence was on 7.5.2009. The petitioner
was arrested on 11.5.2009 and he is in judicial custody since then.
The charge was laid in the case. Now the case is numbered as
SC.No.300 of 2009.
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 fact that charge was laid in the
B.A. NO. 5795 OF 2009
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case, I am of the view that bail can be granted to the petitioner on
stringent conditions.
5. 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 Sessions Court Ad-hoc II,
Ernakulam, subject to the following conditions:
a) The petitioner shall report before the Station House
Officer, Kothamangalam Police Station between 9 A.M.
and 11 A.M. on every Monday, until further orders;
b) The petitioner shall not enter the limits of
Kothamangalam Police Station until further orders,
except for complying with condition (a);
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/