IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 2174 of 2008() ----------------------------- CRMP.366/2008 of DISTRICT COURT, KOTTAYAM CRIME NO.53/08 OF KURAVILANGAD POLICE STATION .................... PETITIONER : ----------------- PAUL JOSEPH @ KUNJUMON NIRAPPIL HOUSE, KURIANADU KARA, PULLUVATTOM BHAGAM, MONIPALLY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.VIVEK CHANDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2174 of 2008 ------------------------------------- Dated this the 8th day of April, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered, inter alia, under Section 436 I.P.C. The alleged incident took place on 23.01.08. The petitioner was granted regular bail as per order of the learned Sessions Judge dated 20.02.08 in Crl.M.P.366 of 2008. Later on an application filed by the victim, who is none other than the elder brother of the petitioner, the bail granted to the petitioner was cancelled as per order dt.06.03.08 by the learned Sessions Judge. The petitioner was arrested and he continues in custody from 08.03.08. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has remained in custody from 08.03.08. He may, in these circumstances, be granted regular bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application, but submits that unless adequate safeguards are provided, it is very possible that the petitioner may indulge in such culpable conduct against his brother again. In these circumstances, if this Court were pleased to grant regular bail to the petitioner, appropriate and strict conditions may be imposed to avoid any possibility of danger to the defacto complainant. B.A.No.2174 of 2008 2 4. Having considered all the relevant circumstances, I am satisfied that regular bail can now be granted to the petitioner, who has now remained in custody from 8.3.08. Appropriate conditions can of course be imposed to allay the apprehension aired by the learned Public Prosecutor. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall report before the Investigating Officer between 10 a.m and 12 noon on the first and third Sundays of all English Calendar months until further orders; iii) The petitioner shall not, except for the purpose of complying with conditions No.(ii) above, enter the Sessions Division of Kottayam until further orders; iv) The petitioner shall, within 7 days of his release from custody, furnish to the Investigating Officer the address of his place of residence outside the Sessions Division of Kottayam and shall keep the Investigating Officer informed of any such change in address thereafter. (R.BASANT, JUDGE) rtr/-