IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1100 of 2010() ----------------------------- CRIME NO.60/10 OF KAYAMKULAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- SHAJI, AGED 36 YEARS, S/O.SAHADEVAN, KOLIDATHU PADEETTATHIL, KMC-WARD-25, CHERAVALLI MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR, KAYAMKULAM, KAYAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1100 of 2010 --------------------------------------------- Dated this the 4th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.60 of 2010 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is that on 10.1.2010, while the de facto complainant was riding on a motor cycle, he was attacked by the accused with an iron rod and caused injuries to the de facto complainant. It is alleged that had not the de facto complainant warded off the attack, the injuries would have been fatal. The petitioner was arrested on 12.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in 12 other cases and that proceedings were initiated against him under the Kerala Anti Social Activities (Prevention) Act, 2007. It is not clear whether he is undergoing detention under the Kerala Anti Social Activities (Prevention) BA No.1100/2010 2 Act, 2007. 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 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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 surrender his passport before the Judicial Magistrate of the First Class, Kayamkulam within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.1100/2010 3 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 petitioner shall be released from jail only if his detention is not required in connection with any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl