IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 927 of 2010() ---------------------------- CRIME NO.162/10 OF KOTTARAKARA POLICE STATION .................... PETITIONER : ACCUSED ------------------------------- SABU, S/O.SHAHUL HAMEED KOCHUKARIKKATHIL PADINJATTATHIL VEEDU PANVELI MURI, VETTIKAVALA, KOOTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.927 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.162 of 2010 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 308 of the Indian Penal Code. 3. The date of occurrence was on 16.1.2010. The petitioner was arrested on 19.1.2010 and he was remanded to judicial custody. It is submitted that the injuries noted are not serious in nature. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 31.1.2010 before the court of the Judicial Magistrate of the First Class-I, Kottarakara. 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 fact that the charge sheet was filed in the case, I am of the view that bail can be BA No.927/2010 2 granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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