IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7568 of 2009()
1. NEYYAN RAJESH, S/O. RAVEENDRAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7568 of 2009
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Dated this the 22nd day of December, 2009
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.1 in Crime No.
467/2009 of Mattannur Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with
Section 149 of the Indian Penal Code.
3. The prosecution case is that on 24.10.2009, the accused
persons trespassed into the bar hotel in which the de facto
complainant was working as a supervisor, attacked him, the
Manager and other staff of the bar hotel with deadly weapons
and thereby caused serious injuries to one Jijesh. The de facto
complainant and the other staff also had sustained injuries as a
result of the attack. The motive alleged for commission of the
offence is that the de facto complainant and others had
questioned the act of the first accused in causing nuisance in the
bar hotel on an earlier occasion.
B.A. No. 7568 of 2009 2
4. The petitioner was arrested on 21.11.2009 and he was
remanded to judicial custody.
5. The petitioner had filed Bail Application No. 7240/2009
for Regular Bail. That application was dismissed by the order
dated 09.12.2009. The investigation has progressed thereafter.
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.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Mattannur 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.
B.A. No. 7568 of 2009 3
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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