IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9879 of 2011 CRIME NO.1338 OF 2011 OF KOLLAM EAST POLICE STATION, KOLLAM. PETITIONER: 1ST ACCUSED ------------------------------- SAJI STEPHEN, AGED 23 YEARS, S/O.STEPHEN, SAJI NIVAS, THILLERI NAGAR 78, UDAYAMARTHANDAPURAM, MUNDAKKAL, KOLLAM. BY ADV. SRI.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9879 OF 2011 ------------------------------------------------------ Dated this the 3rd day of December, 2011 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.1 in Crime No.1338 of 2011 of Kollam East Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 13.11.2011 at 9.30 P.M., the accused attacked the defacto complainant with a broken beer bottle and the defacto complainant sustained injuries on his head and cheek. The wounds were sutured. It is also alleged that accused No.2 stamped the defacto complainant on the back of his neck and other parts of his body. The petitioner was arrested on 15.11.2011 and he was remanded to judicial custody. BAIL APPL. NO.9879 OF 2011 :: 2 :: 4. The learned counsel for the petitioner submitted that the petitioner is a final year LLB student and he was stabbed by one Anil, son of Varghese, who is a friend of the defacto complainant in the present case. It is submitted that the petitioner sustained incised wounds and he was admitted in the hospital. The incident in which the petitioner sustained injuries also took place at the same time and place as the incident involved in Crime No.1338 of 2011. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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; BAIL APPL. NO.9879 OF 2011 :: 3 :: 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; 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/