IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2752 of 2010() ------------------------------------ CRMP.1128/2010 of DISTRICT COURT, KOTTAYAM . CRIME NO.299/2010 OF KADUTHURUTHY POLICE STATION. .................... PETITIONER/1ST ACCUSED ----------------------- THOMAS KURIAN, AGED 28 YEARS, S/O. KURIAN, KOLLAMPARAMBIL HOUSE, MEMURI KARA, MANJOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.JOSE JOSEPH (MANNAR) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KADUTHURUTHY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,. BY PUBLIC PROSECUTOR MR.I.V.PRAMOD THIS BAIL APPLICATION HAVING COMR UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. ================ B.A. No. 2752 of 2010 ================ Dated this the 11th day of May, 2010 O R D E R This is a bail application filed by the 1st accused in Crime No. 299 of 2010 of Kaduthuruthy Police Station under section 439 of Cr.P.C. 2. The allegation against the petitioner is that he along with 2nd accused attempted to kill the de facto complainant on April 16, 2010 at about 8.45 AM and caused stab injury on de facto complainant and that thereby committed offence punishable under sections 308 and 323 read with Section 34 of IPC. He was arrested on April 16, 2010 and is in remand thereafter. The learned Judicial Magistrate of the 1st Class – I, Vaikom and the learned Sessions Judge, Kottayam rejected his bail applications. B.A. No. 2752 of 2010 -2- 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that the de facto complainant sustained injuries by a fall from a motor bike and that if the petitioner is released on bail he is ready to abide by the conditions that may be imposed by this Court. 4. Notice given to the learned Public Prosecutor. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner is in remand from April 16, 2010 onwards. This petition is not opposed by the learned Public Prosecutor. Further the Public Prosecutor submitted that the injuries sustained by the de facto complainant are not serious. Taking into consideration of these aspects, I feel that the petitioner can be released on bail subject to conditions. 7. In the result, the petition is allowed. The petitioner B.A. No. 2752 of 2010 -3- shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when ordered. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. If the petitioner violates any of the aforesaid conditions, the lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. jvt