IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 3599 of 2010() ----------------------------- CMP.3583/2010 of J.M.F.C.-II, KOLLAM .................... 9CRIME NO.618/2010 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT) PETITIONER/ACCUSED NO.5 ------------------------------ JOJI, AGED 32 YEARS, S/O.NATARAJAN, PUTHEN KADAVIL VEETTIL, KAKKADAVU VEETIL, AAKOLIL CHERIYIL, MAYYANADU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIHG COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3599 OF 2010 -------------------------------- Dated this the 24th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 447, 323, 324, 307 r/w Section 149 of IPC & Section 27 of Arms Act. According to prosecution, petitioner (A5) along with other accused formed into an unlawful assembly and on 10/05/2010, at about 6:30 p.m, they trespassed into the property of de facto complainant and assaulted him using iron rod, sword stick etc. and committed various offences. 3. Learned counsel for petitioner submitted that fifth accused is in custody for the past 37 days. Second accused in this case is injured and he was hospitalised and wound certificate is produced as Annexure A1. 4. Learned Public Prosecutor submitted that the co-accused (A6) was granted bail by Sessions Court. Taking into consideration the physical state of accused numbers one to three, their bail application was not opposed and hence they were also granted bail. Fifth accused(petitioner) is involved in various crimes and his earlier application was opposed. But, taking into consideration the stage of investigation, this petition is not opposed. B.A No.3599 OF 2010 2 5. On hearing both sides , I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M. (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition No.(i). (iv) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. Petition is allowed. B.A No.3599 OF 2010 3 K.HEMA JUDGE vdv