IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2756 of 2010() ----------------------------- CRMP.966/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 423 OF 2010 OF THE SASTHAMKOTTA POLICE STATION PETITIONER/ACCUSED NO.4:- -------------------------------------- GOPALAKRISHNAN,AGED 42 YEARS, S/O.VELAYUDHAN, GOPIKA BHAVANAM, VALIYAPADAM MURI, WEST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KREALA, REPRESENTED BY S.I. OF POLICE, SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM) BY P.P. SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~==~=~=~=~=~=~= B.A. No. 2756 of 2010 =~=~=~=~=~=~=~=~=~=~=~==~=~=~=~=~=~= Dated this the 11th day of May, 2010 O R D E R This is a bail application filed by the fourth accused in Crime No.423 of 2010 of the Sasthamkotta Police Station, Kollam District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that on April 13, 2010 at about 7.30 p.m. the petitioner along with other accused persons formed themselves into an unlawful assembly armed with deadly weapons and attempted to kill the de facto complainant and voluntarily caused hurt to the de facto complainant and his brother-in-law and that thereby committed offences punishable under sections 143, 147, 148, 323, 324, 308 read with section 149 IPC. 3. The petitioner was arrested on April 15, 2010 and he is in remand thereafter. 4. It is alleged in the petition that the petitioner is innocent of the offences alleged against him, that he was BA 2756/2010 2 falsely implicated in this case and that therefore, he may be released on bail. 5. Notice given to learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner:- The petitioner is in remand from April 15, 2010 onwards. The learned counsel for the petitioner submits that the de facto complainant sustained only minor injuries, which is not disputed by the Public Prosecutor. Further, the petitioner is not involved in any other similar case. Taking into consideration all these aspects, I feel that the petitioner can be released on bail, subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- BA 2756/2010 3 1) The petitioner shall report before the Investigating Officer as and when required. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. mn