IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1157 of 2010() ----------------------------- CRIME NO.273/2010 OF KUNDARA POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- SAJI KUMAR, S/O. WILFRED, SANTHOSH BHAVAN, KODUVILA CHERRY, EAST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN SRI.SHAIJU MANGAD RESPONDENT(S): COMPLAINANT -------------------------- STATION HOUSE OFFICER, KUNDARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No1157 of 2010 --------------------------------------------- Dated this the 2nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.273 of 2010 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 324, 342, 308 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 13.2.2010, as directed by the second accused, the de facto complainant came to the house of accused No.1 to settle the monetary disputes between the parties. The allegation is that accused Nos.1 and 2 attacked the de facto complainant. The petitioner was arrested on 17.2.2010. 4. Prima facie, the injuries noted in the wound certificate do not disclose any fracture or any other injury to attract Section 326 IPC. 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 BA No.1157/2010 2 investigation, I am of the view that bail can be granted to the petitioner. 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-I, Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 csl