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. 6760 of 2008() ----------------------------- CRIME NO.641/2008 OF BALUSSERY POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. DINESAN, S/O.KELAPPAN, VELAYAN CHALIL HOUSE, POST MOOLAD, KOTTOOR AMSOM, MOOLAD DESOM. 2. MANI, S/O.SREEDHARAN, KURUVATTIMMAL HOUSE, AVIDANALLOOR AMSOM DESOM. 3. SURESH, S/O.VELLAN, CHEENIKKAL HOUSE, POONATH, AVIDANALLOOR. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, BALUSSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ 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.6760 of 2008 --------------------------------------------- Dated this the 7th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 326 and 308 read with Section 149 IPC. According to prosecution, petitioners who are accused nos.1, 2 and 4 along with other accused formed into an unlawful assembly and assaulted defacto complainant. Granite stone was used and he sustained a fracture. 3. Petitioners were arrested on 24.10.2008 and they are in custody since then. Learned counsel for petitioners submitted that the injury sustained is only a hairline fracture below the eye. As per the allegations, one of the accused attempted to hit the defacto complainant with stone and he evaded the hit and hence, it did not strike him. If it had hit him, he would have died. 4. Learned public prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioners on the following BA No.6760 /2008 2 terms and conditions: (i) Petitioners shall execute bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of Magistrate Court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl