IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9070 of 2011() ----------------------------- CRIME NO.1302/2011 OF KOTTIYAM POLICE STATION, KOLLAM PETITIONER/3RD ACCUSED : --------------------------------- SAJEER, AGED 23 YEARS, S/O. SALIM, SHUMLA MANZIL,THAZHUTHALA CHERRY, ADICHANALLOOR VILLAGE, KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9070 of 2011 --------------------------- Dated this the 15th day of November, 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.3 in Crime No.1302 of 2011 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 324 and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 7.10.2011 at 1 A.M., the accused persons came in an autorickshaw and attacked the de facto complainant and others with dangerous weapons like swords. The de facto complainant and his friends sustained injuries. A few hours before the incident in question, there was some altercation between the de facto complainant and others on the one hand and accused Nos.1 and 2 on the other. BA 9070/11 2 Accused Nos.1 and 2 left the place and came in an autorickshaw with deadly weapons and attacked the de facto complainant and others. 4. The petitioner was arrested on 10.10.2011 and he was remanded to judicial custody. 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 with effect from 28.11.2011. The petitioner shall be released on bail only on 28.11.2011 on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam, subject to the following conditions: BA 9070/11 3 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 one month and thereafter on 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; 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