High Court Kerala High Court

Vini vs State Of Kerala on 10 August, 2009

Kerala High Court
Vini vs State Of Kerala on 10 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4344 of 2009()


1. VINI, S/O.FREDDY, AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.DILEEP P.PILLAI

                For Respondent  : No Appearance

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

 Dated :10/08/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No.4344 of 2009
                ------------------------------------
              Dated this the 10th day of August, 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 4th accused in

Crime No.193/2008 of Pathanamthitta Police Station.

2. The offence alleged against the petitioner is under

Section 395 read with Section 34 of the Indian Penal Code.

3. The petitioner was arrested in connection with another

crime on 21/06/2009. His formal arrest was recorded on

27/06/2009. It is submitted that the investigation is over and the

charge was laid in the case.

4. The learned Public Prosecutor submitted that all other

accused in the case are in jail and they were not granted bail as

all others except the 5th accused, are involved in other similar

criminal activities. The petitioner is not involved in similar

offence.

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 fact that charge was

B.A. No.4344 /2009
Page numbers

laid in the case, I am of the view that bail can be granted to the

petitioner.

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

bond for Rs.50,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Pathanamthitta 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 and Thursdays,
until further orders.

b) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

c) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

d) 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

scm