IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7868 of 2011 CRIME NO.904 OF 2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM. PETITIONER/ACCUSED NO.2 ------------------------------------------- RAJESHKUMAR, AGED 38 YEARS, S/O.RAMACHANDRAN, RESIDING AT MANI MANDIRAM, NEAR KOCHALUMOODU, KUREEPUZHA VILLAGE, KOLLAM. BY ADV. SRI.C.PRATHAPACHANDRAN PILLAI SRI.P.KRISHNA KUMAR (ALAPPUZHA) RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING S.H.O. OF POLICE, ANCHALUMMOODU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7868 OF 2011 ------------------------------------------------------ Dated this the 30th day of September, 2011 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.904 of 2011 of Anchalummoodu Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 143,147, 148, 341, 324 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 1.8.2011. The petitioner surrendered before Court on 17.8.2011. 4. The learned Public Prosecutor submitted that the victim sustained six lacerated wounds and fracture of both the legs. It is also submitted that for commission of the offence, swords and iron rods were used. Learned Public Prosecutor also submitted that accused No.2 is involved in a case where the offence alleged is BAIL APPL. NO.7868 OF 2011 :: 2 :: under Section 308 of the Indian Penal Code and that accused No.7 is involved in two other cases. 5. The learned counsel for the petitioner submitted that police custody of the petitioner was given for five days and that there is no reason why the petitioner should be detained further. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kollam, 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 for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.7868 OF 2011 :: 3 :: 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 Anchalummoodu Police Station for a period of one month, 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 ahz/