High Court Kerala High Court

Subash vs State Of Kerala on 23 December, 2009

Kerala High Court
Subash vs State Of Kerala on 23 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7598 of 2009()


1. SUBASH, S/O.SUDHARMMAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.V.V.RAJA

                For Respondent  : No Appearance

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

 Dated :23/12/2009

 O R D E R
                         K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 7598 of 2009
                 ------------------------------------
            Dated this the 23rd day of December, 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.2 in Crime

No.661/2009 of Kilikolloor Police Station.

2. The offences alleged against the petitioner are under

Sections 143, 147, 148, 341, 323, 324 and 308 read with Section

149 of the Indian Penal Code and Section 27 of the Arms Act.

3. The date of occurrence was on 30.11.2009. The petitioner

was arrested on 02.12.2009 and he is in judicial custody since

then.

4. It is submitted by the learned counsel for the petitioner

that in respect of the incident on 30.11.2009, another crime was

registered as Crime No. 662/2009 in which the uncle of the

petitioner is the de facto complainant.

5. 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. 7598 of 2009 2

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

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Kollam 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

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