IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7342 of 2009() --------------------------------- CRIME NO.494/2009 OF HARIPPAD POLICE STATION, ALAPPUZHA. .......... PETITIONER (S)/ 2ND ACCUSED -------------------------- AJESH, S/O.ACHUTHAN, MUNDUCHIRA VEEDU, WARD NO.9, PALLIPPAD PANCHAYATH, THEKKEKKARA KIZHAKKUM MURI, PALLIPPAD. BY ADV. MR.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY S.I OF POLICE, HARIPPAD. BY PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7342 of 2009 ------------------------------------ Dated this the 14th day of December, 2009 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.494/2009 of Harippad Police Station. 2. The offences alleged against the petitioner are under Sections 341 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12/9/2009. The petitioner was arrested on 26/11/2009 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the first petitioner is absconding. 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 also taking note of the injuries sustained, I am of the view that bail can be granted to the petitioner. B.A. No. 7342 /2009 2 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, Harippad 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