IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7446 of 2011 CRIME NO.602 OF 2011 OF PATHANAMTHITTA POLICE STATION. PETITIONER/1ST ACCUSED ------------------------------------------ DILEEP MATHEW, S/O.MATHEW, VANCHIKALAYIL VEEDU, CHELLAKATTU MURI, RANNY PAZHAVANGADI VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7446 OF 2011 ------------------------------------------------------ Dated this the 10th day of October, 2011 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.602 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the accused are under Sections 120B, 143, 144, 148, 149, 323, 326, 394 and 307 of the Indian Penal Code. 3. The prosecution case is the following: The victim attacked accused Nos.2 and 3, who were students in a college. Accused Nos.2 and 3 approached accused No.1 to take necessary measures and to take revenge against the victim. Accused No.1 engaged accused Nos.5 and 6, who were members of a quotation gang. On 4.8.2011, in furtherance of a conspiracy among all the accused, accused Nos.1, 5 and 6 and certain others attacked the victim, who sustained very serious injuries. It is also alleged that accused No.1 BAIL APPL. NO.7446 OF 2011 :: 2 :: took away `7,500/- and a gold chain weighing 20 gms. from the victim. 4. The petitioner was arrested on 11.8.2011 and he was remanded to judicial custody. 5. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Pathanamthitta, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Pathanamthitta. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BAIL APPL. NO.7446 OF 2011 :: 3 :: b) 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 all Mondays till the final report is filed or until further orders. Even after the charge sheet is filed, the petitioner shall report before the police officer who laid charge on alternate Mondays till the trial is over of until further orders; c) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 ahz/