IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1843 of 2010() ----------------------------- CRMP.1942/2010 of J.M.F.C.,THIRUVALLA CRIME NO.45/2010 OF PERUMPETTY POLICE STATION, PATHANAMTHITTA .................... PETITIONER/ACCUSED: ----------------------------------- SASIDARAN NAIR, AGED 56 YEARS, S/O.RAGHAVA PANIKAR, SHARANYA BHAVANIL, APPA KOTTA, CHERUTHODU VAZHI MURIYIL, KOTTANGAL VILLAGE, PATHANAMTHITTA DIST. BY ADV. SRI.SAJITH KUMAR V. SRI.RINOY JOSEPH RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1843 of 2010 ----------------------------- Dated this the 29th 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.1 in Crime No. 45/2010 of Perumpetty Police Station, Pathanamthitta. 2. The offences alleged against the petitioner are under Sections 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 26/2/2010, the accused persons, five in number, attacked the de facto complainant with deadly weapons and caused serious injuries on him. It is alleged that accused Nos.2 and 3 stabbed the de facto complainant. The allegation against the petitioner/first accused is that he used abusive words and also pelted stones on the de facto complainant. 4. It would appear that the serious injuries sustained by the de facto complainant are not attributable to the overt acts done by the petitioner. The petitioner was arrested on 11/3/2010 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 1843/2010 2 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. 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, Thiruvalla 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 and Thursdays for a period of one month 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 try to influence the prosecution witnesses or tamper with the evidence. 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 scm