IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2387 of 2010 -------------------------------------- (CRIME NO. 325/10 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DIST.,) ............. PETITIONER/ACCUSED: ---------------------------------- SUJITH, AGED 24 YEARS, S/O. SASI, KOTTAKKATTU VEEDU, DESATHINAKAM MURI, PERINGALA VILLAGE. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR, KAYAMKULAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2387 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the first accused in Crime No.325/2010 of Kayamkulam Police Station under section 439 of Cr.P.C. 2. The allegation against the petitioner is that he along with the second accused due to their enmity towards the son of the de facto complainant on 13.3.2010 at about 10.30 P.M blocked the motorcycle ridden by the de facto complainant and inflicted cut injuries on the de facto complainant by cutting with a sword and thereby attempted to commit murder of the de facto complainant, which are punishable under sections 324, 323, 308 read with section 34 IPC of section 7 (b) read with section 27 (II) of Arms Act. 3. The petitioner was arrested on 27.3.2010. The Judicial First Class Magistrate, Kayamkulam rejected his bail application and is in remand thereafter. B.A. No. 2387 of 2010 2 4. In this application it is stated that the petitioner is innocent of the offence alleged against him and that he is prepared to abide by any conditions that may be imposed by this court, if bail is granted. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. He is in remand from 27.3.2010 onwards. The learned Public Prosecutor submits that the investigation in this case is almost over. Further injuries sustained by the de facto complainant are not very serious. Taking into consideration all these aspects I feel that the petitioner can be released on bail. 7. In the result, the application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like B.A. No. 2387 of 2010 3 sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb