High Court Kerala High Court

Subin vs The Sub Inspector Of Police on 14 December, 2009

Kerala High Court
Subin vs The Sub Inspector Of Police on 14 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7325 of 2009()


1. SUBIN, S/O.SHANMUGHAN,
                      ...  Petitioner
2. MANIKANDAN, S/O.KUMARAN,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE REP.BY PUBLIC ROSECUTOR,

                For Petitioner  :SRI.P.K.ANIL

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :14/12/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.7325 of 2009
                  ---------------------------------------------
            Dated this the 14th day of December, 2009


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioners are accused Nos.1

and 2 in Crime No.621 of 2009 of Vatanappally Police Station,

Thrissur District.

2. The offences alleged against the petitioners 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 3.9.2009. The

petitioners were arrested on 13.11.2009.

4. The learned Public Prosecutor submitted that the first

accused is involved in three other cases. The second accused is

involved in 5 other cases including an offence under Section 302

of the Indian Penal Code.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioners, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

BA No.7325/2009 2

petitioners on stringent conditions.

The petitioners shall be released on bail on their executing

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

amount to the satisfaction of the Judicial Magistrate of the First

Class, Chavakkad, subject to the following conditions:

a) The petitioners 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 petitioners shall appear before the investigating officer
for interrogation as and when required;

c) The petitioners shall not enter into the limits of
Vatanappally Police Station, Thrissur District for a period of
two months except for complying with conditions (a) & (b);

d) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

d) The petitioners 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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