IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3261 of 2009 CRIME NO.34 OF 2009 OF POOCHAKKAL POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED NO.3 ------------------------------------------- LALAN @ LALJI @ LALJIMON, AGED 28, S/O.REGHU, CHANIVELICHIRA, WARD NO.3, THYKATTUSSERY PANCHAYAT, CHERTHALA. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3261 OF 2009 ------------------------------------------------------ Dated this the 11th June, 2009 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.3 in Crime No.34 of 2009 of Poochakkal Police Station, Alappuzha. 2. The offence alleged against the petitioner is under Sections 447, 323, 341, 324 and 308 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 29.5.2009 and he is in judicial custody. 3. It is submitted by the counsel for the petitioner as well as the learned Public Prosecutor that there is a counter case as Crime No.33 of 2009, in which, the de facto complainant is Rajilal, brother of accused No.3 in Crime No.34 of 2009. The offences alleged against Sunilal and five others, who are the accused in Crime No.33 of 2009, are under Sections 323, 324, 326, 341 and 308 read with Section 34 of the Indian Penal Code. Sunilal, the first accused in Crime No.33 of 2009, is the de facto complainant in Crime No.34 of B.A. NO. 3261 OF 2009 :: 2 :: 2009. Learned Public Prosecutor made available a copy of the wound certificate in Crime No.34 of 2009, which would disclose that the injuries noted are not of a serious nature. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Cherthala, 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; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 3261 OF 2009 :: 3 :: e) 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/