IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 411 of 2010() -------------------------------------- CRIME NO.263/2009 OF MANARCADU POLICE STATION, KOTTAYAM. PETITIONER/1ST ACCUSED: -------------------------------------- K.T.CHACKO, AGED 70 YEARS, KULATHUNGAL HOUSE, AREEPARAMBA P.O., MANNARCADU, KOTTAYAM. BY ADV. SRI.P.K.ANIL RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANARCADU POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.411 of 2010 ------------------------------ Dated this the 3rd day of February, 2010 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.1 in Crime No. 263/2009 of Manarcadu Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 23/9/2009. The petitioner was arrested on 19/1/2010 and he was remanded to judicial custody. 4. The petitioner and accused No.2 had filed B.A. No.6087/2009 for anticipatory bail, which was dismissed as per the order dated 12/01/2010. Thereafter, the petitioner was arrested on 19/1/2010. 5. The gist of the prosecution case is the following: The first accused is the paternal uncle of the de facto complainant. The second accused is the son of the first accused. On 22/9/2009, accused No. 2 abused the de facto complainant's B.A. No.411/ 2010 2 brother. A petition was filed by him before the police in respect of that incident. To take revenge for reporting the matter to the police, on 23/9/2009, while the de facto complainant and his two brothers were proceeding on a motor bike, the jeep driven by the first accused (in which accused Nos. 2 and 3 were also present) was driven towards the bike and hit against it. The de facto complainant and his brothers were thrown out. The de facto complainant sustained grievous injuries. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottayam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders. B.A. No.411/ 2010 3 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 scm