IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6991 of 2011 CMP.9439/2011 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.1253 OF 2011 OF KOTTARAKARA POLICE STATION, KOLLAM. PETITIONER: ACCUSED --------------------------- RAJEEV, S/O.SINKARAJAN, CHARUVILA VEEDU, PANAVELI MURI, VETTIKAVALA, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6991 OF 2011 ------------------------------------------------------ Dated this the 1st day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1253 of 2011 of Kottarakara Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 452, 294(b) and 308 of the Indian Penal Code. 3. The prosecution case is that on 25.6.2011 at 8 P.M., on account of the rivalry resulting from a property dispute, the petitioner trespassed into the house of the de facto complainant and attacked him with a chopper resulting in cut injury on the neck of the de facto complainant. 4. The petitioner surrendered before Court on 10.8.2011 and he was remanded to judicial custody. BAIL APPL. NO.6991 OF 2011 :: 2 :: 5. It is submitted by the learned counsel for the petitioner that Crime No.725 of 2011 of Kottarakara Police Station was registered, in which, the petitioner herein is the de facto complainant. In that case, the friends and neighbours of the de facto complainant in the present case are the accused persons. 6. It is submitted by the learned Public Prosecutor that after completing the investigation, charge sheet was laid on 20.8.2011. 7. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 8. 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 I, Kottarakara, subject to the following conditions: a) The petitioner shall appear before the officer who laid the charge on alternate Mondays, for a period of two months; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. BAIL APPL. NO.6991 OF 2011 :: 3 :: 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 ahz/