IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6833 of 2008() ----------------------------- CMP.6659/2008 of J.M.F.C.,VARKALA CRIME NO.257/2008 OF KADAKKAVUR POLICE STATION PETITIONER:- ------------------------------ BINEESH.S. AGED 18 YEARS, S/O. SOLOMON, PARANKIMAMVILA VEEDU KAVALAYOOR, MANAMPOOR VILLAGE. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE KADAKKAVUR POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6833 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 447, 294(b), 324, 326, 308 and 34 IPC. According to prosecution, petitioner (A2) along with three others trespassed into the court yard of the house of de facto complainant, abused him and assaulted him by using oar, cricket stump, etc. A fracture was caused to the nasal bone of de facto complainant. The incident occurred on 12-9- 2008 at 10 p.m. 3. Petitioner is 2nd accused. Learned counsel for petitioner submitted that he is in custody from 20-10-2008 onwards. Petitioner is a boy aged 18 years and he is actually not involved in the offence. A celebration was going on in connection with Onam in front of the house of de facto complainant and some quarrel and an incident followed in which de facto complainant sustained fracture to the nasal bone, which was allegedly caused by beating with oar by 1st accused. Petitioner is alleged to have used a cricket stump but no serious injuries are sustained by the BA 6833/2008 2 assault made by petitioner. Petitioner is a fire engineering student studying in N.I.F.E. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions 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 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 5 p.m. and 8 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or 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.