IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 7822 of 2009() ----------------------------- CRIME NO.1119/2007 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER/ACCUSED --------------------------------- ANILKUMAR, S/O.MURALEEDHARAN PILLAI, MANI BHAVANAM, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7822 of 2009 --------------------------------------------- Dated this the 12th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1119 of 2007 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 324, 326 and 307 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 24/10/2009 at about 8 P.M., the accused persons attacked the de facto complainant and stabbed him several times. Son of the de facto complainant intervened. He was also stabbed. The neighbours came to the scene. The allegation is that the accused stabbed those four persons also. Thus, six persons sustained incised wounds on account of the attack made by the petitioner. It is submitted that the son of the de facto complainant is still undergoing treatment. The accident register-cum-wound certificate would disclose that all the victims have sustained incised wounds. BA No.7822/2009 2 4. This Bail Application is the fourth Bail Application filed by the petitioner. The earlier Bail Applications filed by the petitioner were Bail Application Nos.6545 of 2009, 6902 of 2009 and 7441 of 2009. In the order dated 17.12.2009 in Bail Application No.7441 of 2009, the submission made by the learned Public Prosecutor that a tension prevails over the area on account of the incident was noticed. 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 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, Karunagappally subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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; BA No.7822/2009 3 c) The petitioner shall not enter into the limits of Karunagappally police station for a period of two months except of complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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