IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6397 of 2008() ----------------------------- CRIME NO. 225/2008 OF MUNNAR POLICE STATION PETITIONER (S): 2ND ACCUSED: -------------------------------- ARUN, S/O.GEORGE KURIAKOSE, AGED 25 YEARS, PATHAKAYIL HOUSE, MANKULAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, MUNNAR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (INVESTIGATING OFFICER IN CRIME NO.225/2008 OF MUNNAR POLICE STATION). P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6397 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 326, 341, 427 and 307 read with section 34 IPC. According to prosecution, petitioner's father assaulted defacto-complainant and caused grievous injury and attempted to commit murder. Petitioner who is the son exhorted him to kill defacto-complainant and also pelted stones at defacto-complainant. 3. The incident occurred on 8-6-2008 and petitioner was arrested on 28-9-2008 and he is in custody since then. Learned counsel for petitioner submitted that petitioner was actually not even present at the spot. There was a scuffle between petitioner and defacto-complainant because of a property dispute. Petitioner has been unnecessarily dragged into the case deliberately for creating problem in the family. Petitioner is in custody for the past 18 days. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent condition may be imposed. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each BA 6397/08 -2- 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 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.