High Court Kerala High Court

Ramesh D.N. @ Kannan vs State Of Kerala on 10 September, 2007

Kerala High Court
Ramesh D.N. @ Kannan vs State Of Kerala on 10 September, 2007
       

  

  

 
 
  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/