IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7568 of 2009() --------------------------------- CRIME NO. 467/2009 OF MATTANNUR POLICE STATION ...................... PETITIONER/ACCUSED: --------------------------- NEYYAN RAJESH, S/O. RAVEENDRAN, AGED 28 YEARS, THAYYIL HOUSE, SIVAPURAM AMSOM, KANJILERI DESOM, KANNUR DIST. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ----------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7568 of 2009 ------------------------------------ Dated this the 22nd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 467/2009 of Mattannur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24.10.2009, the accused persons trespassed into the bar hotel in which the de facto complainant was working as a supervisor, attacked him, the Manager and other staff of the bar hotel with deadly weapons and thereby caused serious injuries to one Jijesh. The de facto complainant and the other staff also had sustained injuries as a result of the attack. The motive alleged for commission of the offence is that the de facto complainant and others had questioned the act of the first accused in causing nuisance in the bar hotel on an earlier occasion. B.A. No. 7568 of 2009 2 4. The petitioner was arrested on 21.11.2009 and he was remanded to judicial custody. 5. The petitioner had filed Bail Application No. 7240/2009 for Regular Bail. That application was dismissed by the order dated 09.12.2009. The investigation has progressed thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Mattannur subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays , till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 7568 of 2009 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln