IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1552 of 2010() --------------------------------- CRIME NO. 17/2010 0F KALLOORKAD POLICE STATION, ERNAKULAM DISTRICT ............. PETITIONER/ACCUSED : ---------------------------- SUNNY, AGED 37 YEARS, S/O.JOSEPH,CHERUTHENMALAYIL HOUSE, KUAYATHOO KARA, VELLIYAMATTAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1552 of 2010 ------------------------------------ Dated this the 17th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.17/2010 of Kalloorkad Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 323, 324, 506, 498 A and 307 of the Indian Penal Code. 3. The prosecution case is that on 23/1/2010, the petitioner assaulted his mother-in-law. At that time, wife of the petitioner intervened. The allegation is that the petitioner stabbed on her chest. Seeing this, the sister-in-law who was pregnant by five months, tried to save her. The allegation is that the petitioner kicked on her abdomen. The wife and the sister-in-law were admitted in the hospital. The petitioner was arrested on 24/1/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. The petitioner is in judicial custody since 24/1/2010. It is submitted that the investigation is B.A. No. 1552/ 2010 2 at the final stage. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Muvattupuzha subject to the following conditions:- A) The petitioner shall report before the Superintendent of Police, Idukki district between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter on 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 enter into the limits of Kalloorkad Police Station, Ernakulam district, until further orders. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 1552/ 2010 3 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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. The registry will send a copy of this order to the District Superintendent of Police, Idukki District. K.T. SANKARAN, JUDGE scm