IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl.No. 2216 of 2009 ----------------------------- CR. NO. 181/09 OF KAZHAKUTTAM POLICE STATION CRMP.2935/2009 of J.M.F.C.-II, ATTINGAL .................... PETITIONER/1ST ACCUSED: ------------------------------ RAJENDRAN @ MANIKUTTAN, S/O. GOPINADHAN NAIR, BHADRADEEPAM VEEDU, SIVAJI NAGAR, POWDIKONAM,. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT/RESPONDENT: ------------------------------- THE SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2216 of 2009 ------------------------------------------ Dated, this the 8th day of May, 2009 ORDER This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.181 of 2009 of Kazhakuttam Police Station alleging commission of offence punishable under Section 308 read with Section 34 of the Indian Penal Code. 2. The case of the prosecution is that on 4.4.2009 at about 14.30 hours the accused persons including the petitioner were quarreling with one Santhosh and Kannan in connection with the dispute of the festival in a temple. While the injured interfered in the matter with a view of solve the dispute and in the course of that the petitioner stabbed the injured with a knife on his stomach and thereby committed the offence alleged against him. 3. In connection with the crime he was arrested on 4.4.2009 and since then he has been in judicial custody. 4. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. 5. Petitioner was arrested in connection with the aforesaid crime on 4.4.009 and according to him the incident B.A.No.2216 of 2009 2 occurred in the circumstances as explained by him. The investigation in respect of the crime is progressing and of course, the final report in this case is yet to be laid. However, considering the circumstances, I think the petitioner can be enlarged on bail subject to stringent conditions: 6. Accordingly this application is allowed subject to the following conditions: i) Petitioner shall be enlarged on bail on his executing a bond for Rs.75000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial I Class Magistrate-II, Attingal. ii) To ensure the availability of the petitioner during investigation and for trial, he shall report before the investigating officer in respect of the said crime on all days between 5 p.m. and 6 p.m. till the final report is laid. iii) Petitioner shall not leave the jurisdiction of the Kazhakuttam Police Station without prior permission from the investigation officer in respect of the said crime. C.T.RAVIKUMAR, JUDGE vns