IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 800 of 2010() ---------------------------- CRIME NO.466/2009 OF MAVELIKKARA POLICE STATION .................... PETITIONER/ACCUSED NO.1 -------------------------------------- AJIKUMAR, S/O.CHELLAPPAN, ELAMPLAVIL, MUTTOM NORTH MURI, THATTRAMBALAM, MAVELIKARA. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.800 of 2010 --------------------------------------------- Dated this the 15th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.466 of 2009 of Mavelikara Police Station. 2. The offences alleged against the petitioner are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25.10.2009, the accused persons, 3 in number, intercepted the car driven by the de facto complainant, pulled him out of the car and attacked him with sword sticks. The petitioner was arrested on 30.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in four other cases and that proceedings are initiated under the Kerala Anti Social Activities (Prevention) Act, 2007 against the petitioner. The learned Public Prosecutor also submitted that charge sheet was filed in the case. 5. Taking into account the facts and circumstances of the BA No.800/2010 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Mavelikara, subject to the following conditions: a) The petitioner shall report before the Station House officer, Mavelikara between 9 A.M. and 11 A.M. on all Mondays and Thursdays until further orders; b) The petitioner shall not enter into the limits of Mavelikara Police Station for a period of one month except for complying with condition (a); c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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