IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 3173 of 2010() ----------------------------- CMP.3028/2010 of J.M.F.C.,VADAKKANCHERRY CRIME NO.330/10 OF WADAKKANCHERY POLICE STATION, THRISSUR. (S): APPLICANT/ACCUSED NO.2: ------------------------------------------- SUBRAMANIAN @ GIRIJAVALLABHAN, S/O.GANGADHARAN, PATTUKULANGARA HOUSE, CHITTAZHIKKARA DESOM, PUTHURUTHY VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINATN: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE S.I.OF POLICE, WADAKKANCHERY POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3173 of 2010 ---------------------------------------------- Dated 27th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 308 and 452 read with Section 149 of the Indian Penal Code. According to prosecution, on 28.4.2010, at about 9 p.m., petitioner (A2) along with the other accused formed into an unlawful assembly and attacked defacto complainant by using chopper, wooden sticks etc. and caused serious injuries, including 2 fractures to the head. 3. Learned counsel for the petitioner submitted that petitioner sustained a serious injury on the palm, while trying to prevent the attack made by first accused on the defacto complainant. This fact is revealed from the F.I. Statement itself. The defacto complainant has clearly stated this fact. Apart from this, petitioner has not used any weapon and he is only alleged to have beaten with hands and stamped. Petitioner is in custody for the past 24 days. 4. Learned Public Prosecutor submitted that defacto BA NO.3173/10 2 complainant sustained serious injuries, including two fractures to the skull. First accused used a chopper and serious injuries are caused by first accused. In the above circumstances, the role of petitioner can be differentiated from the role of the first accused and he has no objection in granting bail on stringent conditions. 5. On hearing both sides, I am satisfied that petitioner has only a lesser role in the incident and hence, bail can be granted on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner 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 evidence. (iii) In case petitioner is involved in any offence BA NO.3173/10 3 of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs