IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9393 of 2011() ----------------------------- CMP.4284/2011 of J.M.F.C., MANNARKAD Crime No.335 of 2011 of Nattukkal Police Station, Palakkad District. .................... PETITIONERS/ACCUSED --------------------------------------- 1. MAJEED,S/O.HAMSA,THILIYIL PUTHANPURAKKAL VEEDU,NATTUKAL. 2. FAISAL,S/O.KUNHIKKAMMU, KAKKATTIL HOUSE,PERUNDAKKUNDU,NATTUKKAL. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA,REPRESENTED BY THE SHO,NATTUKKAL POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI -31. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9393 OF 2011 --------------------------------- Dated this the 25th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.335 of 2011 of Nattukkal Police Station, Palakkad District. 2.The offences alleged against the petitioners are under Sections 308, 452, 341, 354, 326, 427, 294(b) and 506(i) read with 34 of the Indian Penal Code. 3.The prosecution case is that on 5.11.2011 at 9 A.M, the accused forcibly entered into the house of the defacto complainant and assaulted her mother-in-law, who sustained serious injuries including fracture. The victim was treated as an inpatient in the hospital from 5.11.2011 to 14.11.2011. B.A.No.9393 OF 2011 2 4. The petitioners were arrested on 9.11.2011 and they were remanded to judicial custody. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 12.12.2011. 6. The petitioners shall be released on bail on 12.12.2011 on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mannarkkad, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months, and thereafter on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A.No.9393 OF 2011 3 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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 cms