IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Bail Appl..No. 3616 of 2011() -------------------------------- CRIME NO.43/2011 OF VIDYANAGAR POLICE STATION, KASARAGOD CRMP.1148/2011 of ADDL.DISTRICT COURT (ADHOC), KASARAGOD .................... PETITIONER/ACCUSED NO.4 ---------------------------------- ABDULLA.C.@ ANDUNHI, S/O.ABBAS.B.P., AGED 30 YEARS, B.P.HOUSE, KUTTYALIKANDAM, PERUVATHADUKKA, KODIYAMMA, ARIKKADY VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.3616 of 2011 - - - - - - - - - - - - - - - - DATE: 23.05.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is accused No.4 in Crime No.43 of 2011 of Vidyanagar Police Station, Kasaragod for offences punishable under Secs.143,147,148,153A and 302 read with 149 I.P.C., seeks his enlargement on bail. The petitioner surrendered on 07.02.2011. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor submitted that the final report has already been laid before the Magistrate on 28.04.2011. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other circumstances of the case etc., I am inclined to grant bail to the petitioner but only from a future date. Accordingly, the petitioner is directed to be released on bail w.e.f 31.05.2011 on his B.A. No.3616/2011 2 executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. Petitioner shall execute the bail bond within two weeks from today. 2. Petitioner shall report before the City Police Commissioner, Kozhikode between 9 a.m. and 11 a.m. on all Wednesdays. 3. Petitioner shall not enter the limits of Kannur district until further orders to be passed by the court concerned. 4. Petitioner shall stay confined to the limits of Kozhikode district until further orders. 5. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority. 6. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report. 7. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 8. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 9. The petitioner shall not commit any offence while on bail. B.A. No.3616/2011 2 10. The petitioner shall notify to the Court his place of residence before executing the bail bond. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 23rd day of May, 2011. V.RAMKUMAR, JUDGE. sj