IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6751 of 2009() -------------------------------------- CMP.4461/2009 of J.M.F.C.,KASARAGOD CRIME NO. 318/2009 OF KUMBLA POLICE STATION, KASARAGOD. .................... PETITIONER/1ST ACCUSED: ------------------------------------------ DHAYANANDA @ DAYAN, SON OF MADANA POOJARI, AMBAR HOUSE, CHERUGOLI, MANGALPADI, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI- 31. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6751 of 2009 ------------------------------------ Dated this the 18th day of November, 2009 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.1 in Crime No. 318/2009 of Kumbla Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 341, 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 4/11/2009. The petitioner was arrested on 5/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is the defacto complainant in Crime No.321/2009 of Kumbla Police Station, in which accused persons are the defacto complainant in the present case and others. Similar offences as alleged in the present case were also alleged in Crime No.321/2009. It is also submitted that the wound certificate in the present case shows that the injuries are not very serious. 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 B.A. No. 6751/ 2009 2 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 Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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. 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