IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 768 of 2008() ---------------------------- CP.3/2008 of D.C. & SESSIONS COURT, ERNAKULAM CRIME NO.620/2007 OF E.T.SOUTH POLICE STATION .................... PETITIONER/ACCUSED NO.1: ------------------------------ NIRDESH.V.C., AGED 32 YEARS, S/O.VASU, CHALIYATH HOUSE, NADAKKAVU P.O., UDAYAMPEROOR. BY ADV. SRI.PRADEESH CHACKO RESPONDENTS: COMPLAINANT: ------------------------- 1. SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.768 of 2008 ---------------------------------------- Dated this the 8th day of February 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Sections 308 and 324 I.P.C. The incident took place on 13/10/2007. The petitioner was arrested on 1/12/2007 in some other crime. His arrest in the present crime was recorded with effect from 6/12/2007. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has already been registered. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted to ensure that there is no recurrence of violence between the petitioner and the de facto complainant and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.768/07 2 i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall report before the investigating officer between 5 p.m and 6 p.m on all Sundays for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. iii) During the said period of two months, the petitioner shall not enter the Sessions Division of Ernakulam without the prior permission of the learned Magistrate except for the purpose of complying with condition No.ii) above. (R.BASANT, JUDGE) jsr B.A.No.768/07 3 B.A.No.768/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007