IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6961 of 2008() ----------------------------- CMP.12468/2008 of J.M.F.C.-I, KOLLAM CRIME NO.397/2008 OF EAST KALLADA POLICE STATION PETITIONER:- ------------------------------ SADHUSEELAN,AGED 34 YEARS, S/O.VISWANATHAN, DEVI VILASAM, KODUVILA, EAST KALLADA, KOLLAM DISTRICT. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, EAST KALLADA. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6961 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 323, 341, 308 read with section 34 IPC. According to prosecution, petitioner (A2) along with 1st accused in furtherance of common intention to commit culpable homicide wrongfully restrained de facto complainant and assaulted de facto complainant, thereby committed the said offences. 3. Learned counsel for petitioner submitted that as per the allegations, petitioner did not use any weapon. The main injury sustained by de facto complainant on the fore-head was inflicted by 1st accused and not by petitioner. Petitioner is in custody from 30-10-2008 onwards. 4. Learned Public Prosecutor submitted that as far as 2nd accused is concerned, he has no objection in granting bail on conditions, since no weapon was used by him. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA 6961/08 -2- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.