IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 5791 of 2008(D) ----------------------------------- CRIME NO.219/2008 OF PERINGOME POLICE STATION (SECTION 439 OF CODE OF CRIMINAL PROCEDURE) .................... PETITIONER/ACCUSED: -------------------------------- NIRAPPEL KUTTAYI @ SAJI, S/O.AUGUSTINE, AGED 30 YEARS, PERINGOME AMSOM & DESOM, KANAMVAYAL P.O., CHERUPUZHA, TALIPARAMBA TALUK. BY ADV. SRI.PRAVEEN K. JOY SRI.T.A.ABDUL RASHEED SRI.ADEEP ANWAR RESPONDENTS/ COMPLAINANT & STATE --------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I OF POLICE, PERINGOME POLICE STATION. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5791 OF 2008 ------------------------------ Dated this the 29th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Section 307 of IPC and Section 3 read with Section 25(1-B) of Arms Act. The petitioner is the sole accused. According to the prosecution, the petitioner fired the defacto complainant using a country gun and caused serious injuries to the neck and other portion of her body. 3. The petitioner was arrested on 11.07.2008 and he is in custody for the past 80 days. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.5791 of 2008 2 (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not influence or intimidate any witness or tamper with evidence 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