IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1972 of 2010() ----------------------------- CRIME NO.932/2009 OF KOTTAYAM WEST POLICE STATION .................... PETITIONER/9TH ACCUSED ------------------------------------------ MOPHIN PHILIP, S/O.PHILIP, THIRUVATHUKAL HOUSE, KARAPUZHA KARA, KOTTAYAM VILLAGE. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): COMPLAINANT -------------------------- THE S.I. OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1972 of 2010 --------------------------------------------- Dated this the 30th 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 accused No.9 in Crime No.932 of 2009 of Kottayam West Police Station. 2. The offences alleged against the accused are under Sections 143, 144, 147, 148, 326, 120B and 307 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 11.12.2009, the injured (Denim) and his friend (Anand Mohan) went for a second show. After the show, they went to a cool drinks shop. The first accused Jins and accused No.9 Mophin Philip were also there in the shop. Accused No.9 gave instructions to some other persons over telephone. Denim and Anand Mohan returned from the shop on a bike. Denim dropped Anand Mohan at his residence. While coming back, the bike of Denim was intercepted by putting across the road a Santro car. BA No.1972/2010 2 The first accused came out of the car and attacked Denim with a sword. He sustained serious injury on his right hand. Again he was attacked by four other accused who came in the car with sword stick, sickle and other weapons. Denim lost his right index finger due to the attack. At that time, accused No.8 came in an Alto car. He shouted to kill Denim. At that time, the other accused again attacked Denim. He sustained other injuries as well. The accused persons escaped from the scene. The police came to the spot. Denim was removed to the hospital. He underwent a surgery. The First Information Statement was given by the brother of the victim while the victim was in the operation theatre. 4. The petitioner was arrested on 14.2.2010 and he was remanded to judicial custody. The application for bail filed by the petitioner was dismissed by the Additional Sessions Judge, Kottayam as per the order dated 24.2.2010. The petitioner moved for bail before this Court in Bail Application No.1420 of 2010. That application was dismissed by the order dated 15th March, 2010. The investigation has progressed much thereafter. BA No.1972/2010 3 5. The learned counsel for the petitioner submitted that all the other accused persons who were arrested in the case were granted bail by the learned Sessions Judge. 6. 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 Magistrate having jurisdiction, 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; BA No.1972/2010 4 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