IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 284 of 2010 CRIME NO.8 OF 2010 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- ASOKAN K., S/O. ANDIKUTTY, VISHNU HOUSE, VAZHATHURUTHI, CIVIL STATION P.O., KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 284 OF 2010 ------------------------------------------------------ Dated this the 22nd 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.8 of 2010 of Nadakkavu Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The de facto complainant is the brother of the accused. It is alleged that on 8.1.2010, the accused hit the de facto complainant on his head with the frame of the headlight of a motor bike. The petitioner was arrested on 10.1.2010 and he was remanded to judicial custody. The Bail Application submitted by the petitioner was considered by the learned Magistrate on 14.1.2010. At the time when the Bail Application was taken up, the de facto complainant was also present in Court. He stated that the disputes have been settled between the parties. However, the learned Magistrate B.A. NO. 284 OF 2010 :: 2 :: refused bail to the petitioner on the ground that the learned Assistant Public Prosecutor opposed the Bail Application. 4. Thereafter, the petitioner moved the present Bail Application on 15.1.2010. On that day itself, a learned single Judge of this Court passed an order granting interim bail for a period of two weeks on certain conditions. 5. It is submitted that the petitioner has complied with all the conditions in the order dated 15.1.2010. 6. Taking into account the facts and circumstances of the case and also the affidavit filed by the de facto complainant that the matter has been settled, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – IV, Kozhikode, subject to the following conditions: B.A. NO. 284 OF 2010 :: 3 :: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/