IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6220 of 2009 -------------------------------------- (CRIME NO.207/2009 OF RAMAPURAM POLICE STATION, KOTTAYAM DISTRICT) .................... PETITIONER: -------------------- K.K.RAJAN, KANDACHANKUNNEL HOUSE, AREEKKARA KARA, UZHAVOOR VILLAGE, MEENACHIL TALUK. BY ADV. MR.LIJI.J.VADAKEDOM. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6220 of 2009 ------------------------------------ Dated this the 2nd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 207/2009 of Ramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 498 A, 323 and 308 of the Indian Penal Code. 3. The victim is the wife of the petitioner. The allegation is that on 30.08.2009, the petitioner inflicted injuries on the defacto complainant by using an air gun. The defacto complainant was admitted in the hospital and one pellet was removed after surgery. The prosecution case is that the petitioner manhandled his wife and while the wife ran out of the house, the petitioner followed and fired at her with the air gun. 4. The petitioner was arrested on 18.09.2009. The petitioner had filed Bail Application No.5836/2009, which was dismissed by me by the order dated 12.10.2009. The investigation has progressed much thereafter. It is submitted by the learned Public Prosecutor that as per the order issued by the B.A. No. 6220 of 2009 2 Judicial Magistrate of the First Class exercising the power under the Protection of Women from Domestic Violence Act, the wife of the petitioner is residing in the house situated within the limits of Ramapuram Police Station. It is submitted by the learned Public Prosecutor that if the petitioner is allowed to go anywhere near that place, the life of the defacto complainant would be in danger. 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 Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pala 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. B.A. No. 6220 of 2009 3 C) The petitioner shall not enter into the limits of Ramapuram Police Station for a period of 6 weeks except for complying the condition Nos. A and B. 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 ln