Sureshkumar vs The State Of Ekrla on 6 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3641 of 2009()


1. SURESHKUMAR,S/O.ALBERT, AGED 31,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :06/07/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 3641 OF 2009 E
               ------------------------------------------------------
                       Dated this the 6th July, 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.306 of

2009 of Parassala Police Station.

2. The offence alleged against the petitioner is under Section 304B

of the Indian Penal Code. Originally, the offence alleged against the

petitioner was under Sections 498A and 306 of the Indian Penal Code.

3. The petitioner filed B.A.No.3354 of 2009 before this Court,

which was dismissed by the order dated 22.6.2009. At that time, the

offence alleged against the petitioner was under Sections 498A and 306

of the Indian Penal Code. In the light of the change of circumstances, this

Bail Application is to be considered.

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. 3641 OF 2009

:: 2 ::

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

for Rs.25,000/- with two solvent sureties for the like amount to the

satisfaction of the Judicial Magistrate of the First Class – II,

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

ahz/