IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7390 of 2008(A) -------------------------------------- CMP.4012/2008 of J.M.F.C.-I, ALUVA CRIME NO.1900/2008 OF ALUVA POLICE STATION .................... PETITIONER/ACCUSED NO.8 : ------------------------------------ SHYJU PHILIP, 32 YEARS S/O/K.V.PHILIP KILIYAMPRAYIL HOUSE, KATTAYAD PO., VELLAMNADU, WAYANAD. BY ADV. SMT.MEREENA JOSEPH RESPONDENT : ----------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7390 OF 2008 ------------------------------ Dated this the 11th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 307 read with 149 of I.P.C. and 27 of Arms Act. According to prosecution, petitioner (eighth accused) along with 7 others formed into an unlawful assembly and armed with deadly weapons assaulted the defacto complainant and caused grievous hurt and also attempted to commit murder. 3. Petitioner is in custody from 05.11.2008 onwards. The incident occurred on 03.08.2008. Learned counsel for petitioner submitted that accused nos.4 to 6 were granted bail and hence petitioner may be granted bail. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. On hearing both sides, I am satisfied that bail can be granted on the following terms and conditions : B.A.7390 of 2008 2 (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which crime is registered except for compliance of condition in clause no.(ii). (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac