IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1498 of 2010() ----------------------------- CRIME NO.96/2010 OF MARANALLUR POLICE STATION .................... PETITIONER:ACCUSED -------------------------------------- BALAKRISHNAN, S/O.GOPI, ROADARIKATHU VEEDU,KADAMBANAKONAM,KARANALLOOR DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1498 of 2010 --------------------------------------------- Dated this the 15th 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.96 of 2010 of Maranalloor Police Station. 2. The offences alleged against the petitioner are under Sections 308 of the Indian Penal Code and 27 of the Arms Act. 3. The prosecution case is that on 20.2.2010, while the de facto complainant was driving an autorickshaw, he was intercepted by the accused and the de facto complainant was assaulted by him with a sword. The petitioner was arrested on 21.2.2010 and he was remanded to judicial custody. 4. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.1498/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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 csl