IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 410 of 2010() ---------------------------- CMP.71/2010 of J.M.F.C.- I, DEVIKULAM .................... (CRIME NO.856/09 OF MUNNAR POLICE STATION,IDUKKI DISTRICT) PETITIONER:PETITIONER:ACCUSED: -------------------------------------------------------- THOMAS, AGED 55 YEARS, S/O.YOHANNAN, EDATTU HOUSE, VIRIPARAKARA, MANKULAM VILLAGE, IDUKKI. BY ADVS. MR.A.T.ANILKUMAR, SMT.V.SHYLAJA. RESPONDENT(S): RESPONDENT:COMPLAINANT: -------------------------------------------------------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION, IDUKKI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No.410 of 2010 ------------------------------ Dated this the 25th 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 first accused in Crime No.856/2009 of Munnar Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 323 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25/12/2009, the accused, in furtherance of their common intention, assaulted the de facto complainant. The first accused stabbed the de facto complainant with a knife. The other accused kicked on the abdomen of the de facto complainant. It is also alleged that the accused persons uttered obscene words to the first informant. 4. Except accused No.4, all other accused were arrested in the case. The petitioner was arrested on 13/1/2010. 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 the present stage of B.A. No.410 / 2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Devikulam 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 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