IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 712 of 2010 CRIME NO.109 OF 2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT PETITIONER/5TH ACCUSED: ------------------------------------------- SALIM, S/O.PAREETHU, VIJIN MANZILIL, KOTTUKKAL MURI, KOTTUKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 712 OF 2010 ------------------------------------------------------ Dated this the 16th day of February, 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.5 in Crime No.109 of 2010 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 23.1.2010, the accused persons attacked the de facto complainant and his friends with dangerous weapons like sword stick, chopper etc. The de facto complainant and his friends sustained injuries. 4. The learned counsel for the petitioner pointed out that there is no allegation that the petitioner used any weapon though an allegation is made that the petitioner had also joined in the act of assault. B.A. NO. 712 OF 2010 :: 2 :: 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 investigation, I am of the view that bail can be granted to the petitioner. 6. 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, Kottarakkara, 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, 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 ahz/