IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Bail Appl..No. 8789 of 2011() ---------------------------------------- CRIME NO.453/2011 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT. ..................... PETITIONER/ACCUSED ---------------------------------- RAFEEQUE, AGED 45 YEARS, S/O.ABDUL KAREEM, ARAMAM HOUSE, THIKKODI, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH, SRI.PRAMODH KUMAR M. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.K. RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.8789 of 2011 ---------------------------------------------------- Dated this the 28th day of October, 2011 Order The petitioner is the sole accused in Crime No.453 of 2011 of Payyoli Police Station. The crime was registered under Sections 448, 341, 324 and 308 IPC. It is alleged that the accused trespassed into the building of the defacto complainant and attacked him with stick causing injuries on his head etc. The petitioner has been in custody since 19.10.2011. The learned counsel for the petitioner submits that the accused happened to go to the workshop of the defacto complainant since by operating the machinery it was creating unbearable vibration in the house of the petitioner, especially in his bed room. During the altercation he had inflicted injury on the defacto complainant. The learned counsel for the petitioner submits that Section 308 has been added only to see that he is not granted bail. This submission is strongly opposed by the learned Public Prosecutor. Final report has already been filed. However, considering all the aspects including the period of detention undergone, the BA 8789/11 2 petitioner is granted bail but only with effect from 2.11.2011 on the following conditions: 1. The petitioner shall execute a bond for Rs.25,000/- (Rs.Twenty Five Thousand only) with two solvent sureties each for the like amount. 2. The sureties shall produce the attested photocopies of the title deeds besides the recent basic tax receipts. 3. He shall appear before the investigating officer on all Saturdays between 10AM and 11 AM until further orders. 4. He shall not in any way influence the witnesses and shall not leave Kozhikode District until further orders. N.K.BALAKRISHNAN, JUDGE. srd BA 8789/11 3 BA 8789/11 4