IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7363 of 2008() -------------------------------------- CMP.8471/2008 of J.M.F.C., PARAVOOR CRIME NO.488/2008 OF PARAVUR POLICE STATION .................... PETITIONER/3RD ACCUSED : ----------------------------------------- REJI, AGED 21, S/O.ABDUL SAMAD, KONTHAKKALAZHIKAM VEEDU, NEAR THEKKUMBHAGAM AUDITORIUM, THEKKUMBHAGAM PO, PARAVUR KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS/COMPLAINANTS : ------------------------------------------------ 1. THE SATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB-INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------ B.A. No. 7363 of 2008 ------------------------------ Dated this the 28th day of November, 2008 ORDER This petition is for bail. 2. The alleged offences are under Sections 324, 308 read with Section 34 of I.P.C. Petitioner and 3 other accused, in furtherance of common intention, wrongfully assaulted defacto complainant and another. Iron pipe was used by second accused and other accused used stones to assault defacto complainant. 3. Learned counsel for petitioner submitted that petitioner is aged 21 years and he has no criminal antecedents. He is not actually involved in the crime. But he only attempted to disperse second accused and defacto complainant while they were quarreling with each other. The incident happened in a beach and to the petitioner's information, the defacto complainant fell down and sustained injuries. The petitioner's name was included in the array of accused only, since he is a friend of the co-accused, at the instance of the defacto complainant, who is influential. The petitioner was arrested on 11.11.2008 and he is in custody B.A.7363 of 2008 2 for a long time. The injury sustained is also not very serious so as to attract offence under Section 308 of I.P.C., it is submitted. 4. Considering the peculiar circumstances of the petitioner, it is submitted that it is not opposed. It is also submitted that conditions may be imposed while granting bail. On hearing both sides, I am satisfied that bail can be granted to the petitioner on the following terms and conditions : (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before the Investigating Officer on every Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on B.A.7363 of 2008 3 bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac