IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Bail Appl..No. 3133 of 2010() ---------------------------------------- CRIME NO.325/2010 OF GANDHI NAGAR POLICE STATION, KOTTAYAM. ........... PETITIONER/ACCUSED -------------------------------------- NOBIN, S/O.KUNJACHAN, AGED 22 YEARS, THEKKEDATH HOUSE, PARAPURAM BHAGOM, ARPOOKKARA. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3133 of 2010 ------------------------------------ Dated this the 2nd day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 427, 294(b), 506(ii) and 308 of the Indian Penal Code. According to prosecution, petitioner abused de facto complainant in obscene language and also assaulted him and inflicted injuries on him. Petitioner also damaged his autorickshaw. The incident happened on 16.04.2010. 3. Learned counsel for petitioner submitted that petitioner surrendered before the police on 29.04.2010 immediately on knowing that he was implicated in the offence. Petitioner is absolutely innocent of the allegations made and though chopper is allegedly used, injuries sustained are minor, but offence under Section 308 of the Indian Penal Code is included to harass petitioner. It is also submitted that after this incident, a complaint is filed on the allegation that de facto complainant's brother's wife was attacked by petitioner in an incident which allegedly took place on the previous day. B.A. No. 3133 of 2010 2 4. It is submitted that petitioner is in custody for the past 75 days. He is not a member of the 'Tharakandam gang' as alleged. Only two crimes are registered in respect of two incidents on 15.04.2010 and 16.04.2010. The first incident allegedly occurred between the de facto complainant's brother's wife and petitioner. The second incident is between de facto complainant and petitioner in this case. But the police proceeded under Section 107 Cr.P.C. without any basis. 5. Learned Public Prosecutor submitted that petitioner is involved in another crime also and proceedings are initiated against him under Section 107 Cr.P.C. also. He is known to be a member of the criminal gang by name 'Tharakandam gang' and it was pointed out that though petitioner surrendered before the Magistrate Court on 29.04.2010 it was not in connection with the incident in this case, but it was in connection with another incident which took place on 15.04.2010. The arrest in this case was recoded on his surrender in that case. 6. On hearing both sides, considering the various facts discussed above, I find that bail can be granted on conditions. B.A. No. 3133 of 2010 3 Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1, until further orders. iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln