IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 669 of 2010() -------------------------------------- CR NO.858/2009 OF WADAKKANCHERRY POLICE STATION. .................... PETITIONER/ACCUSED NO.1 ----------------------------------------- ABRAHAM, S/O.JOHN, PUTHIYAPARAMBIL HOUSE, CHEPPALAKODE, ATTOOR. BY ADV. MR.SOORAJ T.ELENJICKAL RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 669 of 2010 ------------------------------------ Dated this the 11th day of February, 2010 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 Cr. No.858/2009 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 326, 341 and 452 read with Section 34 of the Indian Penal Code. 3. It is stated that the de facto complainant and the petitioner are brothers. Accused No.2 is the son of accused No.1. It is stated that there was a dispute regarding partition of the family properties between the petitioner and the de facto complainant. 4. The learned Public Prosecutor submitted that the de facto complainant had sustained grievous hurt and he had sustained fracture of three ribs. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the court and that he undertakes not to commit B.A. No. 669/2010 2 any offence while on bail in the present case. This undertaking is recorded. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Wadakkanchery 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 and Thursdays for a period of two months and thereafter on 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 enter into the limits of Wadakkanchery Police Station for a period of one month except for complying with conditions A and B. B.A. No. 669/2010 3 D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 scm