IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 31ST OCTOBER 2007 / 9TH KARTHIKA 1929 Bail Appl..No. 6633 of 2007() ----------------------------- CMP.5101/2007 of J.M.F.C.,KASARAGOD CRIME NO.310/07 OF MANJESHWAR POLICE STATION .................... : PETITIONER/IST ACCUSED --------------------------------------- KIRAN, S/O.SEETHARAM, KODYBAYAL, UPPALA. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.6633 of 2007 ------------------------------------- Dated this the 31st day of October, 2007 ORDER Application for regular bail. The petitioner faces allegations under Sections 427 & 308 I.P.C. He is the 1st accused. Altogether there are 3 accused persons. The alleged incident took place on 12.10.07. The petitioner was arrested on 22.10.07. He continues in custody from that date. 2. The crux of the allegations is that the petitioner had thrown a stone at a running stage carriage. If it had hit the accused -the driver, there would have catastrophic consequences. This is the allegation. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute 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 learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.6633 of 2007 2