IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4619 of 2009() ----------------------------- CRIME NO.328/2009 OF KAYAMKULAM POLICE STATION .................... PETITIONERS/ACCUSED A1 ------------------------------------------ LIJI OMMAN THOMAS, AGED 29 YEARS, S/O.THOMAS, EBENAZR PUTHEN VEEDU, PONAKAM MURI, THEKKEKARA VILLAGE, MAVELIKKARA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4619 of 2009 --------------------------------------------- Dated this the 21st day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.328 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 450, 294(b), 324, 506(ii), 307 and 427 of the Indian Penal Code, Section 3 of the Explosive Substances Act and Section 7B of the Arms Act. The date of occurrence was on 22.4.2009. 3. The prosecution case is that the accused persons trespassed into a fast food shop run by the de fact complainant, attacked him and even attacked the customers therein. As a result of the attack, the de facto complainant sustained injuries. One customer, namely, Biju Madhavan, sustained serious injuries, resulting in amputation of his leg. The petitioner was arrested on 19.5.2009. 4. The petitioner filed B.A.No.3450 of 2009 which was dismissed by the order dated 3rd August 2009. The investigation of the case has progressed much thereafter. It is submitted by the BA No.4619/2009 2 learned Public Prosecutor that the investigation is at the final stage. 5. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl