Lijo K. Babu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Bail Appl.No. 5412 of 2015 -------------------------------------- CRIME NO. 134/2008 OF PATHANAMTHITTA POLICE STATION, PATHANAMTITTA .........

PETITIONER(S):

----------------------- LIJO K. BABU, AGED 33 YEARS, KOYIPPURATHU VEETTIL, PRAKKANAM P.O., CHENNEERKKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.M.T.SURESHKUMAR SRI.S.SANAL KUMAR SMT.SMITHA PHILIPOSE RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ ------------------------------------------------- Dated this the 18th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the 2nd accused in Crime No.134 of 2015 of Pathanamthitta Police Station registered for the offences punishable under Sections 324, 326, 307 and 120 (b) r/w Section 34 of the Indian Penal Code.

3.

The petitioner was arrested on 07.08.2015 and ever since he has been in custody.

4.

Heard.

5.

Learned Public Prosecutor has no serious objection in granting bail to the petitioner. It has been submitted by the learned Public Prosecutor that no overtact is alleged against the petitioner. Petitioner did not inflict any injury on the injured person. The only allegation against the petitioner is that the petitioner also had taken part in the conspiracy. It has been further

submitted by the learned Public Prosecutor that the major part of the investigation as regards the petitioner is almost complete.

6.

Considering the facts and circumstances of the case including the period of detention of the petitioner, I am inclined to grant bail to the petitioner.

In the result, this petition stands allowed.

The petitioner shall be enlarged on bail on his executing a bond for `30,000/- (Rupees thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court of the Judicial Magistrate of First Class-II, Pathanamthitta and subject to the following further conditions:

(a) The petitioner shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of 'three months' or until the filing of the final report, whichever is earlier.

(b) The petitioner shall report before the

Investigating Officer as and when required for interrogation.

(c) Petitioner shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge