IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7964 of 2008() ----------------------------------- CRMP.6288/2008 of J.M.F.C.-I, HARIPAD CRIME NO.252/2008 OF THRIKUNNAPUZHA POLICE STATION .................... PETITIONER/ACCUSED NO.1 : ------------------------------------ SURENDRAN, AGED 50 YEARS, S/O.SANKUNNY, THEKKEPOLAYIL VEEDU, WAR NO.III, ARATTUPUZHA PANCHAYATH, KALLIKKAD MURI, ARATTUPUZHA VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7964 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 342, 323, 324 308 read with 34 of I.P.C. According to prosecution, petitioner (first accused) along with two other accused, in furtherance of common intention, allegedly wrongfully confined the defacto complainant, assaulted him and also a knife was used for commission of the offence. 3. Learned counsel for petitioner submitted that as per the allegations, first accused attempted to stab the defacto complainant with a knife but there is no case that he inflicted any injuries, but offence under section 308 of I.P.C. is included. Petitioner was arrested on 20.12.2008, on the same day of occurrence. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be B.A.No.7964 of 2008 2 granted to the petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac