IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5399 of 2007()
1. RAMESH D.N. @ KANNAN, S/O. DIVAKARAN
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/09/2007
O R D E R
R. BASANT, J.
--------------------------------------------
B.A. NO. 5399 of 2007
--------------------------------------------
Dated this the 10th day of September, 2007
ORDER
Application for regular bail. The petitioner faces
allegations, inter alia, under Secs.326 and 308 read with
Sec.34 of the IPC. The petitioner had come to this Court
earlier with an application for anticipatory bail. That
application was rejected by order 17/7/07 in B.A.No.4210/07.
Later, the petitioner was arrested. He continues in custody
from 6/8/07. The co-accused i.e., the 2nd accused, has not
been arrested so far. Investigation is not complete yet.
2. Prior animosity is the alleged motive. Though the
allegation was raised under Sec.326 of the IPC, it is not
brought to my notice as to how the injury suffered would
answer affirmatively the test of Sec.320 of the IPC.
3. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and
I am satisfied that the petitioner can now be enlarged on bail
B.A. NO. 5399 of 2007 -: 2 :-
subject to appropriate terms and conditions.
4. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays,
Wednesdays and Fridays between 10 a.m. and 12 noon for a
period of two months from this datel.
(iii) The petitioner shall not enter the jurisdiction of
Peroorkada Police Station for a period of two months except for
the purpose of complying with Condition No.(ii) above.
(R. BASANT, JUDGE)
Nan/