IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Bail Appl..No. 3796 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3058/2010 .................... (CRIME NO.244/2010 OF KUMILY POLICE STATION, IDUKKI DISTRICT) PETITIONER/ACCUSED -------------------------------------- SURESH, S/O. KANNAN, KINATTUKARA, ROSAPPOOKANDAM, KUMILY. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.3796 of 2010 ------------------------------------ Dated this the 15th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 307, 324, 294(b) of Indian Penal Code. According to prosecution, petitioner used to tease the niece of de facto complainant. This was objected to by de facto complainant. On 09/05/2010, petitioner attacked de facto complainant with wooden log and inflicted injuries. When the niece intervened, she was also beaten with wooden log and serious injuries were inflicted. 3. Petitioner was arrested on 11/05/2010 and he is in custody for the past 65 days. Learned counsel for petitioner submitted that the hit aimed at the de facto complainant unintentionally fell on his niece. 4. Learned Public Prosecutor submitted that petitioner attacked de facto complainant while the niece intervened and she was also beaten by petitioner. She is a girl aged 15 years who sustained fracture to the skull. The Incident happened since de facto complainant used to raise objection in petitioner teasing his niece who is injured. However, taking into consideration the period of detention and the stage of investigation, this petition is B.A. No.3796 of 2010 2 not opposed. But, stringent condition may be imposed while granting bail, it is submitted. 5. On hearing both sides and on consideration of the stage of investigation, I think, bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Dy.S.P, Kattappana on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv