IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3007 of 2009()
1. BINEESH.P.K., S/O.MUKUNDAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.K.B.GANGESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No. 3007 of 2009
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Dated this the 4th 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.108/09 of Valapattanam Police Station.
2. The offence alleged against the petitioner is under
Section 511 of 376 of the Indian Penal Code.
3. The learned counsel for the petitioner submitted that
there is nothing to indicate that the offence as alleged was
committed. It is not necessary to consider the said contention
in the bail application. The learned Public Prosecutor
submitted that the charge was laid in the case. There is
nothing to indicate that if the petitioner is released on bail, he
will try to influence the witnesses or make himself scarce. The
petitioner was arrested on 3.3.2009 and he is in judicial
custody since then.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
BA.3007/09 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.
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 Sessions Court,
Thalassery, subject to the following conditions:
A) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence;
B) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
vgs.