IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 68 of 2010(K)
1. KANAKARAJAN, S/O.JANARDHANAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SASITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.68 of 2010
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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 accused No.4 in
Crime No.904 of 2009 of Chavara Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 323, 324, 326 and 307 read with Section
149 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case is that on 18.11.2009, the
accused persons attacked the de facto complainant with a
chopper and he sustained grievous injuries. It is alleged that the
offence was committed by the accused on account of the fact that
there was delay in serving liquor in the Bar hotel in which the
de facto complainant was the waiter. The petitioner was
arrested on 24.12.2009.
4. It is submitted that all the accused persons in the case
were arrested. The investigation is also at the final stage.
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
BA No.68/2010 2
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.25,000/- 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;
c) The petitioner shall not enter into the police station limits
of Chavara Police Station for a period of two months except
for 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