IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Bail Appl..No. 6797 of 2009() --------------------------------------- CRIME NO.632/2009 OF CHAVAKKAD POLICE STATION, THRISSUR. .................... PETITIONER/ACCUSED: ----------------------------------- KABEER, S/O.ABOOBACKER, RAYAMARAKKAR VEETTIL, THEKKENCHERY DESOM,THEKKENCHERY DESOM, MANATHALA, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.V.V.JOY RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6797 of 2009 ------------------------------------ Dated this the 20th 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.2 in Crime No.632/2009 of Chavakkad Police Station, Thrissur. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: One Shamsu was on inimical terms with Jaffer, the friend of the de facto complainant (Noufal). Shamsu, in order to wreak vengeance on Jaffer, engaged accused No.1 to attack and do away with Jaffer. On 3/9/2009, the accused persons, under the leadership of the first accused, attacked Jaffer and his friend, the de facto complainant. They sustained injuries. Jaffer sustained two deep cut wounds, while Noufal sustained an incised wound. 4. The petitioner was arrested on 16/10/2009 and he was remanded to judicial custody. 5. It is submitted that the first accused is not arrested so B.A. No. 6797 / 2009 2 far. The learned Public Prosecutor also submitted that the investigation is not completed. The petitioner is involved in the goonda gang of the first accused. The first accused is involved in other crimes as well. 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 stringent conditions. 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, Chavakkad 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, 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 leave the limits of Chavakkad Police Station without prior intimation in writing to the investigating officer, until final report is filed or until further orders. B.A. No. 6797 / 2009 3 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