IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10290 of 2011 CRIME NO.1434 OF 2011 OF KOTTIYAM POLICE STATION, KOLLAM. PETITIONER/ACCUSED NO.1 ------------------------------------------- DILEEP, AGED 28 YEARS, S/O. THILAKAN, PUTHENVILA VEEDU, DHAVALAKKUZHY, AKKOLI CHERRI, MAYYANADU VILLAGE, KOLLAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: COMPLAINANT & STATE: --------------- 1. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10290 OF 2011 ------------------------------------------------------ Dated this the 15th 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.1434 of 2011 of Kottiyam Police Station, Kollam District. 2. The offence alleged against the accused is under Section 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 1.11.2011 at about 4 P.M., the accused attacked the victim with a 'kathal' and the victim sustained very serious injuries. He was admitted in the hospital. The police could not take the First Information Statement from the victim as he was unconscious. His relative gave the First Information Statement. It is alleged that the injured had committed an offence against the petitioner and the offence alleged in the present case was committed by the petitioner to wreak vengeance. BAIL APPL. NO.10290 OF 2011 :: 2 :: 4. The injuries sustained by the victim in the present case are the following: “(i) Lacerated wound on deltoid region (right) 6x4x3 cm. (ii) Incised wound (right) deltoid region 5 cm below the I wound - 4x3x2 cm, 3x1x1 cm. (iii) Incised wound (right) forearm on dorsal aspect 3 cm below elbow- 4x3x2 cm, 5 cm below (right) elbow - 3x2x1 cm. (iv) Incised would (left) shoulder- joint exposed with bone cut from clavicle to scapular region, medial to the above injury 4x3x2 cm. (v) Incised wound (left) knee joint to the femur (left) 4x3x2 cm, (left) knee to the tibial bone 4x3x2 cm. (vi) Incised wound 3 cm above (right) knee joint exposing capsule 6x4x3 cm. (vii) V-shaped flap injury 8 cm above ankle joint - 4x3x2 cm. (viii) Lacerated wound on (right) foot 2 x1x1 cm. above the dorsalis pedis artery with tendom exposed. X-ray- fracture acromion (left) shoulder.” 5. The learned Sessions Judge dismissed the Bail Application filed by the petitioner by the order dated 22.11.2011. 6. The learned counsel for the petitioner submitted that the BAIL APPL. NO.10290 OF 2011 :: 3 :: victim is involved in more than twenty criminal cases. He is a member of the sand mafia. Due to the enmity between different groups in the illegal sand mining activities, the injured was attacked by some others and the petitioner was falsely implicated in the case. 7. B.A.No.9876 of 2011 filed by the petitioner was dismissed by the order dated 3.12.2011. The present Bail Application was filed on 8.12.2011. 8. It is submitted by the learned counsel for the petitioner that the defacto complainant, who had caused injuries to the petitioner, was arrested and was remanded to judicial custody, after he was discharged from the hospital. 9. 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. 10. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for BAIL APPL. NO.10290 OF 2011 :: 4 :: 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 Mondays and Thursdays for a period of two months and thereafter on all Mondays, 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; c) The petitioner shall not leave the Police Station limits of Kottiyam Police Station for a period of two months or until the final report is filed, whichever is earlier; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/