IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1558 of 2010(F) ---------------------------------------- CRIME NO.37/2010 OF VENMANI POLICE STATION, CHENGANNUR. .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- AJITH KUMAR,S/O.THANKAPPAN,THIRUVATHIRA VEEDU,OLLOOR MURI, KULANADA,P/W-3, KULANADA, PANDALAM. BY ADV. SRI.A.N.RAJAN BABU SRI.A.R.EASWAR LAL RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-16. 2. ADDITIONAL POLICE INSPECTOR, VENMANI, CHENGANNOOR. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1558 of 2010 --------------------------------- Dated this the 18th day of March, 2010 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. 37/2010 of Venmani Police Station, Chengannur. 2. The offences alleged against the petitioner are under Sections 308, 323 and 324 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 28/1/2010. The petitioner was arrested on 4/3/2010. Accused Nos. 1 and 2 are brothers. It is alleged that accused No.1 was employed in Gulf. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also taken note of the peculiar facts and circumstances of the case, the relationship between the parties and the reasons alleged for the attack made by the accused. 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. 1558/2010 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, Chengannur 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