IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Bail Appl..No. 7081 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6147/2008 Dated 15/10/2008 CMP.3326/2008 of J.M.F.C. - II, MAVELIKKARA CRIME NO.455/2008 OF NOORANAD POLICE STATION PETITIONER/1ST ACCUSED:- ------------------------------ RADHAKRISHNAN S/O.RAMAKRISHNAN,KUZHIYATH VEETTIL, PUTHUPALIKUNNAM MURI, NOORANAD. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- S.I.OF POLICE NOORANAD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7081 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 323, 326 and 308 IPC. According to prosecution, while de facto complainant was proceeding on a motor cycle accompanied by his brother-in- law in a car which followed him, petitioner who was driving an autorickshaw, overtook both these vehicles and asked the vehicles to be stopped. Thereafter, he got down from the autorickshaw and fisted the driver of the car and when de facto complainant intervened, he hit him against a pitching of the canal and he sustained a fracture. The incident happened on 13- 9-2008 in the afternoon. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged and that he had applied for anticipatory bail before this Court and it was dismissed as per Annexure-I order. Thereafter, petitioner (A1) surrendered before the Magistrate Court on 6-11-2008 and he is in custody since then. Learned counsel for petitioner also submitted that co- accused were granted bail by the learned Magistrate. 4. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. BA 7081/08 -2- 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.