IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 928 of 2010() ---------------------------- CRIME NO.118/2010 OF HOSDURG POLICE STATION PETITIONERS : ACCUSED NO.3 ------------------------------- VIJAYAN, S/O.KARUTHAMBU AGED 27 YEARS, VATAKKE VEEDU NILANKARA, KANHANGAD VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO, 118/2010 OF HOSDURG POLICE STATION KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.928 of 2010 --------------------------------------------- Dated this the 22nd day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.118 of 2010 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 324, 427, 506, 308 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: On 28.1.2010, at about 11.45 P.M., the accused persons, seven in number, formed themselves into an unlawful assembly and criminally trespassed into the house of the de facto complainant, assaulted him and his friends. The accused persons also attacked the mother and sister of the de facto complainant and destroyed the articles in the house. Brijesh, a friend of the de facto complainant, was admitted in Unity Hospital, Mangalore for the period from 29.1.2010 to 8.2.2010. He had sustained grievous injuries. 4. The petitioner was arrested on 30.1.2010 and he was remanded to judicial custody. BA No.928/2010 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. 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-I, Hosdurg, 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 csl