IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9684 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7829/2011 CMP.11680/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.1055/2011 OF CHAVARA POLICE STATION .................... PETITIONER/ACCUSED-5 : ----------------------- HARIKUMAR, PADANNEL VEEDU, NEENDAKARA VILLAGE, NEENDAKARA MURI, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9684 of 2011 ---------------------------------------------- Dated this the 28th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.1055 of 2011 of Chavara Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 03/09/2011 at 11 P.M., while the de facto complainant was coming on a motor bike, he was restrained by the accused and accused No.4 attacked him with a sword and the other accused manhandled him. 4. The petitioner was arrested on 13/11/2011 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that accused No.4 moved an application for anticipatory bail before this Court and as per the direction issued by this Court, Bail Appln.No.9684/2011 : 2 : he surrendered before the police and on producing before Court, he was granted bail on the same day. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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; Bail Appln.No.9684/2011 : 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 skj