IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2161 of 2010() ----------------------------- CMP.2222/2010 of J.M.F.C.I,KASARAGOD .................... (CRIME NO.112/2010 OF ADHUR POLICE STATION,KASARGODE DISTRICT) PETITIONERS:ACCUSED NOS.2&3: ---------------------------------------------------- 1. RAMANNA SHETTY B., AGED 44 YEARS,(A2) S/O. NARAYANA SHETTY, ANAKKALA HOUSE, BELLUR GRAMAM, KASARAGOD DISTRICT. 2. VISWANATHA RAI, AGED 32 YEARS, (A3), S/O.SUBBANNA RAI, ANAKKALA, BELLUR GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.112 OF 2010 OF ADHUR POLICE STATION) R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2161 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27 th day of April, 2010 O R D E R This is a bail application filed by the accused No.2 and 3 in Crime No.112/2010 of Adhur Police Station, Kasaragode District under section 439 of the Cr.P.C. 2. The allegation against the petitioners is that they along with the first accused trespassed into the property of the de facto complainant on 27.3.2010 at about 9.30 P.M at Anakkala and attacked the de facto complainant, causing serious injuries to him by cutting with a sickle and thereby committed the offences punishable under Section 447, 341, 324, 326, 308 read with 34 IPC. 3. The petitioners were arrested on 30.3.2010 and is in remand thereafter. The Judicial First Class Magistrate Court-I, Kasaragod rejected their bail application. B.A. No. 2161 of 2010 2 4. It is alleged in the petition that they are innocent of the offence alleged against them that they are falsely implicated in this case, that it was the de facto complainant, and his brothers who attacked the petitioner for which police has registered a case against them and that if bail is granted, they are prepared to abide by any conditions that may be imposed by this court. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioners and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioners. Petitioners and the de facto complainant are relatives, the incident occurred in respect of a dispute regarding a pathway. Admittedly a counter case, Crime No.413/2010 of Adhur Police Station is pending against the de facto complainant, wherein the allegation was that he B.A. No. 2161 of 2010 3 attacked the petitioners. The petitioners are in remand from 30.3.2010 onwards. Further, the learned Public Prosecutor submitted that the investigation in this case is almost over. Therefore I feel that the petitioners can be released on bail but subject to conditions. 7. In the result, the petition is allowed. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kasaragod on the following conditions:- 1) The petitioners shall appear before the Investigating Officer between 10 A.M and 11 A.M on all Mondays 2) The petitioners shall not commit similar offence while on bail. B.A. No. 2161 of 2010 4 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioners shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioners violates any of the conditions mentioned above, lower court can cancel their bail. P.Q. BARKATH ALI, JUDGE. dmb