IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 3122 of 2010() ----------------------------- CMP.3363/2010 of J.M.F.C.,KASARAGOD (CRIME NO.529/2010 OF KASARAGOD POLICE STATION) .................... PETITIONER/4TH ACCUSED ------------------------------------------ SATHEESA, S/O.AMMU NAIK, PROPRIETOR, SRI.GANES MOTORS, MADHUR P.O., KASARAGOD, RESIDING AT MADHUR TEMPLE, MADHUR VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3122 OF 2010 -------------------------------- Dated this the 10th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 307 r/w 149 IPC. According to prosecution, a criminal conspiracy was hatched to commit various offences against de facto complainant and on 15/05/2010 at about 10 P.M various accused formed into an unlawful assembly and assaulted de facto complainant and attempted to commit murder. Knife was used for the offence. 3. Learned counsel for petitioner submitted that as per the allegations in FIS, petitioner who is the fourth accused only extorted to commit kill de facto complainant. But, it is the sixth accused who had stabbed de facto complainant and inflicted injuries. Petitioner is not alleged to have committed any other over tact. Petitioner is in custody for the past 24 days. 4. On hearing both sides and going through the Case Diary and particularly statement of sixth accused who is already arrested, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each B.A No.3122 OF 2010 2 with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M until further orders. (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. Petition is allowed. K.HEMA JUDGE vdv