IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 761 of 2010() ---------------------------------------- CMP.185/2010 of J.M.F.C.- I, DEVICOLAM CRIME NO.856/2009 OF MUNNAR POLICE STATION, IDUKKI. .................... PETITIONER/ACCUSED: --------------------------------------- RAJAN, S/O.GEORGE, THATTANPARAMBIL HOUSE, VIRIPARAKKARA, MANKULAM VILLAGE, IDUKKI. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION, IDUKKI. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 761 of 2010 ------------------------------------ Dated this the 9th day of February, 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.4 in Crime No. 856/2009 of Munnar Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 308, 294(b) and 323 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25/12/2009, the accused persons, in furtherance of their common intention, assaulted the de facto complainant and stabbed him with a knife and kicked him on his abdomen. 4. The petitioner surrendered before the court on 2/2/2010 and he was remanded to judicial custody. 5. It is submitted that the first accused was granted bail by the order dated 25/1/2010 in B.A. No. 410/2010. 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. B.A. No. 761 /2010 2 7. 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, Devikulam 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 two months and thereafter 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. 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