IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 7873 of 2009() ------------------------------------------ (CRIME NO.127/2009 OF RAJAPURAM POLICE STATION,KASARAGOD DIST.) PETITIONER/ACCUSED: --------------------------------------- BABU @ ARAVINDAKSHAN M.N., S/O. NARAYANAN NAIR, AGED 59 YEARS, RESIDING AT VALIYPARAMBIL, THIMMANCHAL, PANATHADY VILLAGE, P.O.MANADUKKAM. BY ADV. MR.T.MADHU RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- TH STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7873 of 2009 ------------------------------------ Dated this the 11th day of January, 2010 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. 127/2009 of Rajapuram Police Station. 2. The offence alleged against the petitioner is under Section 307 of the Indian Penal Code. 3. The prosecution case is that on 4/11/2009, the petitioner stabbed one Santhosh kumar on his abdomen. He sustained serious injuries and he was admitted in the hospital. The petitioner was arrested on 6/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 4/01/2010. 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 also the fact that charge sheet was filed, I am of the view that bail can be granted to the B.A. No. 7873/2009 2 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioner shall appear before the C.I. of Police, Vellarikundu between 9 A.M. and 11 A.M. on every Monday until further orders. B) The petitioner shall not enter into the limits of Rajapuram Police Station for a period of two months. 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 scm