High Court Kerala High Court

Biju vs State Of Kerala on 22 June, 2009

Kerala High Court
Biju vs State Of Kerala on 22 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3332 of 2009()


1. BIJU, S/O. ROBIN, BIJU BHAVAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.S.M.PREM

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :22/06/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 3332 of 2009
                ------------------------------------
              Dated this the 22nd day of 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 the accused in

Crime No.224/2009 of Neyyattinkara Police Station.

2. The offence alleged against the petitioner is under

Section 379 read with Section 34 of the Indian Penal Code.

3. The petitioner was arrested in respect of another crime

and his formal arrest was recorded in the present on 13/04/2009.

He is in judicial custody. It is submitted by the learned Public

Prosecutor that the final report was not filed within 60 days. The

second accused is not arrested so far. It is also submitted by the

learned Public Prosecutor that the petitioner is involved in several

other cases.

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.

B.A. No. 3332 /2009
2

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

bond for Rs.50,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Neyyattinkara 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

scm