IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1972 of 2010()
1. MOPHIN PHILIP,
... Petitioner
Vs
1. THE S.I. OF POLICE,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1972 of 2010
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Dated this the 30th day of March, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.9 in
Crime No.932 of 2009 of Kottayam West Police Station.
2. The offences alleged against the accused are under
Sections 143, 144, 147, 148, 326, 120B and 307 read with
Section 149 of the Indian Penal Code.
3. The gist of the prosecution case is the following: On
11.12.2009, the injured (Denim) and his friend (Anand Mohan)
went for a second show. After the show, they went to a cool
drinks shop. The first accused Jins and accused No.9 Mophin
Philip were also there in the shop. Accused No.9 gave
instructions to some other persons over telephone. Denim and
Anand Mohan returned from the shop on a bike. Denim dropped
Anand Mohan at his residence. While coming back, the bike of
Denim was intercepted by putting across the road a Santro car.
BA No.1972/2010 2
The first accused came out of the car and attacked Denim with a
sword. He sustained serious injury on his right hand. Again he
was attacked by four other accused who came in the car with
sword stick, sickle and other weapons. Denim lost his right
index finger due to the attack. At that time, accused No.8 came
in an Alto car. He shouted to kill Denim. At that time, the other
accused again attacked Denim. He sustained other injuries as
well. The accused persons escaped from the scene. The police
came to the spot. Denim was removed to the hospital. He
underwent a surgery. The First Information Statement was
given by the brother of the victim while the victim was in the
operation theatre.
4. The petitioner was arrested on 14.2.2010 and he was
remanded to judicial custody. The application for bail filed by
the petitioner was dismissed by the Additional Sessions Judge,
Kottayam as per the order dated 24.2.2010. The petitioner
moved for bail before this Court in Bail Application No.1420 of
2010. That application was dismissed by the order dated 15th
March, 2010. The investigation has progressed much thereafter.
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5. The learned counsel for the petitioner submitted that
all the other accused persons who were arrested in the case
were granted bail by the learned Sessions Judge.
6. 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.
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 Magistrate having jurisdiction,
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, 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 try to influence the
prosecution witnesses or tamper with the
evidence;
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d) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail;
e) 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
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