IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1695 of 2010() ----------------------------- CRIME NO.134/2010 OF THIRUVALLA POLICE STATION .................... PETITIONER/3RD ACCUSED: ------------------------------------------- ANIL, S/O.KUTTAN, AGED 39 YEARS, THALAYAR LAKSHAM VEEDU COLONY, KUTTOOR VILLAGE, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1695 of 2010 --------------------------------------------- Dated this the 23rd day of March, 2010 O R D E R The petitioner had filed Bail Application No.874 of 2010 for regular bail. That application was dismissed by the order dated 1st March, 2010. 2. For the sake of convenience, paragraphs 1 to 4 of the order in Bail application No.874 of 2010 are extracted below: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.134/2010 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 341, 324, 326, 307 and 120 B read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 27/1/2010, the victim, Vishak, while riding on a motor bike, was intercepted by the accused persons and he was attacked by them with sword, chopper and sword sticks. It is alleged that the weapons of offence were used straight on the head of the victim. Since the victim warded off the attack by his hands, he sustained serious injuries on both of his hands. He also sustained mandible fracture. He was treated in the Pushpagiri Medical BA No.1695/2010 2 College Hospital, Thiruvalla and later he was referred to the Medical College Hospital, Kottayam. The doctor, who treated Vishak, had given opinion that the injuries were very serious in nature. I have perused the Case Diary, wound certificates and the diagrams showing the wounds sustained by Vishak. It is submitted by the learned Public Prosecutor that the Medical Officer of the Medical College Hospital, Kottayam has stated that due to the injuries sustained by Vishak, his both hands were paralysed and that there is no chance of recovery. 4. The motive for the attack is that the accused suspected that Vishak was responsible for informing the police about the activities of the accused in unlawful mining and removal of sand. The learned Public Prosecutor submitted that the accused persons constitute a sand mafia in the locality. The first accused is a notorious criminal, submits the learned Public Prosecutor.” 3. The petitioner was arrested on 30.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 12.3.2010. 5. Taking into account the facts and circumstances of the BA No.1695/2010 3 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the charge was laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Thiruvalla, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Thiruvalla Police Station between 9 A.M. and 11 A.M. on all Mondays, until further orders; b) The petitioner shall not enter into the limits of Thiruvalla Police Station for a period of two months except for complying with condition (a); 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