IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 68 of 2010(K) ---------------------------- CRIME NO.904/09 OF CHAVARA POLICE STATION .................... PETITIONER : ACCUSED ----------------------------------- KANAKARAJAN, S/O.JANARDHANAN, HOUSE NO.161, THAYYIL HOUSE, KULANGARABHAGAM MURI, CHAVARA. BY ADV. SRI.M.R.SASITH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- B.A.No.68 of 2010 --------------------------------------- Dated this the 12th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.904 of 2009 of Chavara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 18.11.2009, the accused persons attacked the de facto complainant with a chopper and he sustained grievous injuries. It is alleged that the offence was committed by the accused on account of the fact that there was delay in serving liquor in the Bar hotel in which the de facto complainant was the waiter. The petitioner was arrested on 24.12.2009. 4. It is submitted that all the accused persons in the case were arrested. The investigation is also at the final stage. 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 BA No.68/2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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 and Thursdays, 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 enter into the police station limits of Chavara Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl