IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6714 of 2009() ------------------------------------- CRIME NO. 577/2009 OF HARIPPAD POLICE STATION ................................ PETITIONER/ACCUSED: --------------------------------- AJITH PRABHATHAN, S/O.PRABHATHAN, AGED 27, PRATHIBHA ELECTRICAL INDUSTRIES, AKAMKUDI.P.O, NANGIARKULANGARA, HARIPAD. BY ADV. SRI.K.R.SUNIL RESPONDENT/COMPLAINANT: --------------------------------------------- THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6714 of 2009 ------------------------------------ Dated this the 17th day of November, 2009 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.5 in Crime No.577/2009 of Harippad Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 447, 323, 324 and 326 read with Section 308 of the Indian Penal Code. 3. The date of occurrence was on 25.10.2009. The petitioner was arrested on 06.11.2009. The petitioner is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner that the petitioner was attacked by the de facto complainant and his friend U.B. Singh at the residence of the first accused Samuel. The petitioner sustained injuries. He was admitted in the hospital. Later he was referred to the Medical College Hospital, Alappuzha. The petitioner and two other accused had filed Bail Application No.6611/2009 for Anticipatory Bail. During the pendency of the application for Anticipatory Bail, the petitioner was arrested on 06.11.2009. B.A. No. 6714 of 2009 2 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Harippad 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, 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. B.A. No. 6714 of 2009 3 E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The sureties shall produce the title deeds of their immovable properties for perusal of the learned Magistrate. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln