Bail Appl./8507/2013 of KIRAN KUMAR Vs STATE OF KERALA on 27 December 2013

ORDER

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This petition is filed under Section 439 of theCr.P.Cfor bail.

2. Heard the learned counsel appearing for thepetitioner and the learned Public Prosecutor appearingfor the respondent.

3. The petitioner is the 9[th] accused in CrimeNo.1718 of 2013 of Pathanamthitta Police Station. Theoffences alleged are under Sections 143, 147, 148, 323,324, 307, 294(b) and 427 r/w Section 149 of IPC. Thepetitioner was arrested by the police on 25.11.2013 andproduced before the Court. He was remanded to judicialcustody. He continues to be in custody. Learned counselfor the petitioner submits that the petitioner is innocentof the allegations raised against him. He has no criminalantecedents. The custodial interrogation of thepetitioner was over. The investigation of the case is B.A.No. 8507 of 2013

almost over. He further submits that the continued custody of the petitioner is not required for completinginvestigation.

4. The learned Public Prosecutor has opposed this petition. But, he submits, on instructions, that theinvestigation of the case has progressed much and nocriminal antecedents have been reported against thepetitioner. On considering the facts and circumstances,stage of the investigation, the period the petitioner hasalready spent in jail and the fact that no criminalantecedents have been reported against the petitioner, thisCourt is satisfied that the petitioner can be granted bailimposing appropriate conditions. Therefore, the petitioner is granted bail subject to the following conditions:

1) The petitioner shall be released on bailon his executing a bond for Rs.25,000/- (RupeesTwenty Five Thousand only) with two solventsureties each for the like sum to the satisfactionof the concerned Magistrate's Court.

2) The petitioner shall report before theInvestigating Officer between 9 a.m. and 11 a.m.

on all Fridays for a period of two months. Thepetitioner shall not enter within the limits ofMalayalappuzha village for a period of twomonths.

3) The petitioner shall not directly or

indirectly make any inducement, threat orpromise to any person acquainted with the factsof the case so as to dissuade him or her fromdisclosing such facts to the Court or to anyPolice Officer.

4) The petitioner shall make himselfavailable for interrogation as and whenrequired by the Investigating Officer.

5) The petitioner shall not influence orintimidate the prosecution witnesses nor shallhe attempt to tamper with the evidence for theprosecution.

6) The petitioner shall not commit anysimilar offences while on bail.

7) The petitioner shall not leave Indiawithout the previous permission of theconcerned Magistrate's Court/Sessions Court.

This application is allowed as above.

Sd/-BABU MATHEW P. JOSEPH JUDGE