IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 789 of 2010() ---------------------------- CMP.896/2010 of J.M.F.C.-II,NEYYATTINKARA .................... (CRIME NO.74/2010 OF PARASSALA POLICE STATION,THIRUVANANTHAPURAM DIST) PETITIONER:3RD ACCUSED: -------------------------------------------- SAM, S/O.JERMIYAS, KILIUNNIKKAL VEEDU PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE, FROM HOUSE NO.35,RC STREET, PARASSALA DESOM, PARASSALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR.V.MADHURIPAN PILLAI RESPONDENT(S): STATE/COMPLAINANT: -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 789 of 2010 ------------------------------------ Dated this the 10th day of February, 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.3 in Crime No. 74/2010 of Parassala Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 149, 447, 323, 324, 120-B, 308 and 109 of the Indian Penal Code. 3. The date of occurrence was on 24.01.2010. The petitioner was arrested on 31.01.2010. The petitioner moved an application for bail before the Court of the Judicial Magistrate of the First Class-II, Neyyattinkara. The learned Magistrate dismissed the Bail Application on the ground that Bail Application No. 582/2010 filed by the petitioner was pending before the High Court. Bail Application No. 582/2010 was filed by the petitioner herein and the some other accused persons for Anticipatory Bail. 4. The petitioner is stated to be an autorickshaw driver, who used to take the children of accused No.1 to school. Accused No.1 is the wife of the de facto complainant. There are disputes B.A. No. 789 of 2010 2 between them. It is stated that four cases are pending against them before the Family Court. 5. The learned counsel for the petitioner submitted that the petitioner has no connection with the dispute or with respect to the incident. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 789 of 2010 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln