IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 6305 of 2009() ----------------------------- CRIME NO.196/2009 of KOLLAM WEST POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ ROLEND @ VAKKACHAN, S/O.ROBERT, EAST WEST NAGAR-47, THANGASSERY WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. THE S.I. OF POLICE, KOLLAM WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6305 of 2009 --------------------------------------------- Dated this the 28th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.196 of 2009 of Kollam West Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 447, 294(b), 323, 324, 325 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.4.2009. The allegation is that the petitioner and the other accused attacked the defacto complainant and others with swords and other weapons. The defacto complainant sustained very serious injuries. The petitioner was arrested on 21.9.2009 at 3 P.M. It is alleged that he escaped from the custody of police at 5 P.M. In respect of that incident, Crime No.505 of 2009 was registered against the petitioner under Section 225(B) of the Indian Penal Code. The petitioner was re-arrested on 25.9.2009 and he is in judicial custody. 4. The learned counsel for the petitioner submitted that BA No.6305/2009 2 there is a counter case as Crime No.218 of 2009 in which the defacto complainant is one of the accused persons. The learned counsel for the petitioner also submitted that the petitioner is suffering from Hepatitis B and he is undergoing treatment for the same. Annexure A1 certificate is produced to show that he was under treatment for Hepatitis B for the period from 11.9.2009 to 18.9.2009. 5. Taking into account the facts and circumstances of the case, particularly, the illness of the petitioner, 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for 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 every Monday and Thursday, 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; BA No.6305/2009 3 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) 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