IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6282 of 2011 CRIME NO.755 OF 2010 OF KALADY POLICE STATION, ERNAKULAM DIST. PETITIONER: ACCUSED NO.5: -------------------- BETTIN,S/O.CHACKO, KODUGOOKKARAN VEEDU,MANJAPRA KARA, MANJAPRA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KALADY POLICE STATION, ERNAKULAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6282 OF 2011 ------------------------------------------------------ Dated this the 9th day of August, 2011 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.5 in Crime No.755 of 2010 of the Kalady Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326, 307 and 120B read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 14.12.2010, on account of political rivalry, the accused persons attacked the de facto complainant and his friend with deadly weapons like swords and iron rods and caused serious injuries to the de facto complainant and his friend. The de facto complainant sustained fracture on both the bones of his leg. There were cut injuries also on his body. It is submitted that the investigation is in progress. BAIL APPL. NO.6282 OF 2011 :: 2 :: 4. The petitioner surrendered before Court on 8.7.2011 and he was remanded to judicial custody. The learned counsel for the petitioner submitted that all the accused who were arrested were released on bail. Learned Public Prosecutor submitted that this statement is correct. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbavoor, 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, 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; BAIL APPL. NO.6282 OF 2011 :: 3 :: 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 ahz/