IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3449 of 2009()
1. PROMOD, S/O. VIDHYADHARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED VIA
... Respondent
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/07/2009
O R D E R
M. SASIDHARAN NAMBIAR, J.
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B.A. No. 3449 OF 2009
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Dated this the 2nd day of July, 2009
O R D E R
Petitioner is the 2nd accused in Crime No.742 of 2008 of
Neyyattinkara Police Station. He was arrested on 26.04.09 and
since then he is in custody. Prosecution case is that, on 19.12.08 at
about 7.20 p.m., while the defacto complainant was returning in his
motor cycle along with his friend as a pillion rider, in furtherance of
the common intention to cause death of the pillion rider, Dileep,
petitioner and other accused inflicted injuries by beating him with iron
rod and thereby committed offences under Sections 342, 323, 324,
307 r/w Section 34 IPC. Though petitioner filed Cr.M.C No.819/2009
for bail under Section 439 of Cr.P.C, learned Sessions Judge,
Thiruvananthapuram dismissed it under Annexure A order on
09.06.09 stating that as the case is under investigation, it is too early
to release him. Learned counsel appearing for the petitioner
submitted that as petitioner has been in custody from 26.04.09
onwards, he may be granted bail. Learned Public Prosecutor did not
object to the granting of bail but submitted that sufficient conditions
be imposed.
B.A No.3449/09.
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2. Considering the fact that petitioner has been in custody
since 26.04.09 and further custody of the petitioner is not necessary
for the purpose of investigation, in the interest of justice petitioner is
to be granted bail on sufficient conditions.
Release the petitioner on bail, on executing a bond for
Rs.15,000/-(Rupees Fifteen thousand only) with two solvent sureties
each for the like sum to the satisfaction of Judicial First Class
Magistrate Court-I, Neyyattinkara on the following conditions:
i. Petitioner shall not intimidate or threaten any
witness and shall not interfere with the investigation.
ii. Petitioner shall appear before the Investigating
Officer on every Friday between 10 a.m. And 1 p.m. and
shall make him available for interrogation as and when
required.
iii. Petitioner shall not leave the jurisdiction of the
learned Magistrate without permission.
M. SASIDHARAN NAMBIAR,
JUDGE
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