IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Bail Appl..No. 3576 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3014/2010 Dated 25/05/2010 CMP.1853/2010 of J.M.F.C.-II, PEERUMEDU .................... (CRIME NO.101/2010 OF KUMILY POLICE STATION) PETITIONER/2ND ACCUSED ----------------------------------------- VIJI @ VIJAYAKUMAR, AGED 35 YEARS, S/O.SUKUMARAN, POTTASSERIYIL HOUSE, CHAKKUPALLAM P.O., CHAKKUPALLAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, KUMILY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. C.M. KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3576 of 2010 ------------------------------------ Dated this the 15th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 308, 341, 294, 294(b) and 324 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner and the first accused wrongfully restrained the de facto complainant and assaulted him using iron rod. The incident happened on 06.03.2010 and the petitioner was arrested on 03.06.2010. 3. Learned counsel for petitioner submitted that there is a counter case. In fact first accused and his wife were attacked by the de facto complainant after trespassing into his house and they sustained serious injuries in the incident. Petitioner is innocent of the allegations made. Even according to prosecution, first accused was the person, who assaulted was granted bail by this court as per order dated 21.05.2010 in B.A. No. 3015/2010 but the petitioner had not used weapon. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. B.A. No. 3576 of 2010 2 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate 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 the evidence. iii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except with prior permission of the learned Magistrate and for compliance of condition no.1. This petition is allowed. K. HEMA, JUDGE ln