IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7789 of 2011() ----------------------------------------- CRIME NO.484/2011 OF KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT ------------------------------------- PETITIONER/ ACCUSED NO.5 -------------------------------------------- SHIJIN,AGED 21 YEARS,S/O.SATHEESHAN, BIJU BHAVAN,ERAPPANKONAM,MANICKAL MURI, NEDUMANGADU TALUK. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.7789 OF 2011 --------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.484 of 2011 of Kulathupuzha Police Station. 2.The offences alleged against the petitioner are under Sections 307, 364, 120B and 427 read with Section 34 of the Indian Penal Code. 3.The prosecution case is the following: Accused No.6 was on enmical terms with the de facto complainant. Accused No.6 engaged accused Nos.1 and 2, leaders of a quotation gang to do away with the de facto complainant. Accused Nos.3 to 5 are the members of the quotation gang of accused Nos.1 and 2. The de facto complainant is an autorickshaw driver. His autorickshaw was hired on 1.8.2011 by accused Nos.2, 3 and 4. While the autorickshaw reached at a lonely place, the de facto complainant was attacked by the accused persons. The other accused persons also came to the scene of occurrence in another autorickshaw. All the accused attacked the de facto B.A. No.7789 OF 2011 2 complainant with dangerous weapons like knives, iron rods and sticks. The de facto complainant sustained a penetrating stab injury on his lower chest, incised wound over his scalp and two stab injuries on his left lower leg. 4. The petitioner was arrested on 9.8.2011 and he is in judicial custody since then. Bail Application 7076 of 2011 filed by the petitioner was dismissed by the order dated 2nd September, 2011. 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 investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, B.A. No.7789 OF 2011 3 Punalur, 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 two months and thereafter on 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms