IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7853 of 2009() --------------------------------------- CMP.6054/2009 of J.M.F.C.-I,HOSDRUG CRIME NO.133/2009 OF RAJAPURAM POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED: -------------------------------------- REJIMON JOHN, AGED 39 YEARS, S/O JOHN, ERAMBIL HOUSE, NELLIKADU, BELLA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/ STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. C.S.HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ---------------------------------------------------------- BAIL APPLICATION NO. 7853 OF 2009 ---------------------------------------------------------- Dated this the 1st day of January, 2010 O R D E R This bail application is filed by the accused in Cr.No.133/2009 of Rajapuram Police Station coming within the jurisdiction of Judicial Magistrate of First Class I, Hosdurg, under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that on 23.11.09 he attacked his father-in-law with a chopper and causing grievous injuries to him and thereby committed the offence punishable under Section 307 and 341 IPC. 3. He was arrested on 26.11.09 and was in remand thereafter. His previous Bail Application No.7403/2009 was dismissed by this court by order dated 16.12.2009, on the ground that the defacto-complainant was undergoing treatment and he is still in intensive care unit. 3. Notice given to Public Prosecutor. Heard the counsel for the petitioner and the learned Public Prosecutor. Petition is opposed by the Public Prosecutor. 4. It is submitted by the learned Public Prosecutor that now the defacto-complainant is not in intensive care unit. Injured is the father-in- law of the accused. Counsel for the petitioner submitted that there was BAIL APPLICATION NO. 7853 OF 2009 2 some matrimonial dispute in the family of the accused and because of that the incident happened. Taking in to account all these facts and in the circumstances of the case, I feel that the petitioner can be released on bail on condition. In the result, petition is allowed. Petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1. He shall appear before the investigating officer as and when required. 2. He shall co-operate with the investigation and shall not commit similar offence while on bail. 3. He shall not intimidate the witnesses or tamper with the evidence. 4. He shall not leave the jurisdiction of the trial court without previous permission. P.Q. BARKATH ALI,JUDGE BAIL APPLICATION NO. 7853 OF 2009 2 mns