IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4868 of 2009() ----------------------------- CRIME NO.519 OF 2009 OF KAYAMKULAM POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ PRAMOD @ MANI,S/O. SOMAN, AGED 32, NETTETHU KIZHEKKE THARAYIL, DEVIKULANGARA, VADAKKU KOCHU MURI, PUTHUPALLI. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): RESPONDENT ------------------------- THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4868 of 2009 --------------------------------------------- Dated this the 27th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.519 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 324, 308 and 506(ii) read with Section 34 of the Indian Penal Code and Sections 7(b) and 27(ii) of the Arms Act. 3. The prosecution case is that on 5.7.2009, the accused persons, four in number, came in a Maruti car, stopped near the de facto complainant, who was walking along the road and attacked him with sword stick, resulting in very serious injuries. 4. Bail Application No.4281 of 2009 filed by the petitioner was dismissed by me on 6th August 2009. It is submitted that the investigation has progressed much thereafter. 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 BA No.4868/2009 2 investigation, I am of the view that bail can be granted to the petitioner. 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, Kayamkulam, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kayamkulam between 9 A.M. and 11 A.M. on all Mondays, for a period of two months; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 csl