IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2720 of 2009()
1. BENNY CHACKO, S/O CHACKO,
... Petitioner
Vs
1. STATE OF KERALA REP. BY THE PUBLIC
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE, ADIMALY.
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2720 OF 2009 B
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Dated this the 22nd May, 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.378 of
2008 of the Adimaly Police Station.
2. The offence alleged against the petitioner are under Sections
143, 147, 148, 115,323, 324, 307 and 427 read with Section 149 of the
Indian Penal Code.
3. The prosecution case is that the petitioner along with the other
accused persons attempted to murder the de facto complainant. It is
stated that the de facto complainant was pulled down from the jeep and
was manhandled by the accused persons. The de facto complainant
sustained serious injuries. The petitioner was arrested on 4.4.2009. The
second accused was granted bail by this Court, as per the order dated
28.4.2009 in B.A.No.2224 of 2009. The first accused and the fourth
accused are absconding. In the order granting bail to the second
accused, it is stated that considerable part of the investigation is over.
Learned counsel for the petitioner submitted that no overt act as such is
alleged against the petitioner.
B.A. NO. 2720 OF 2009
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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
for Rs.50,000/- with two solvent sureties for the like amount to the
satisfaction of the Judicial Magistrate of the First Class, Adimaly, 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;
B.A. NO. 2720 OF 2009
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e) The petitioner shall not enter into the limits of Adimaly Police
Station until further orders, except for the purpose of reporting to
the investigating officer.
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/