IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 8402 of 2011() ----------------------------- CRIME NO.316/2011 OF RAJAPURAM POLICE STATION KASARGOD DISTRICT PETITIONER/ACCUSED NO.1 : --------------------------- DHAMODHARAN.P.K., AGED 50 YEARS, S/O.MUTHU MANIYANI, PANKAYAM HOUSE, PANATHADY VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8402 of 2011 ---------------------------------------------- Dated this the 20th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.316 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code and Section 3 read with Section 25(1)(a) of the Arms Act. 3. The prosecution case is the following : On 17.9.2011 after midnight, the accused persons went to the residential compound of the de facto complainant, pelted stones against the house and opened fire using an unlicensed gun. Hearing the noise, the de facto complainant came out and he did not find anybody. On further examination in the morning, the de facto complainant found marks of bullet shots on the autorickshaw of his neighbour, which was parked near the bed room of the house. Bail Appln.No.8402/2011 : 2 : 4. The petitioner was arrested on 28.9.2011 and he was remanded to judicial custody. The investigation is going on. 5. There is no allegation that the de facto complainant sustained any injuries. 6. As per the order dated 13th October, 2011 in Bail Application No.8233 of 2011 and as per the order dated 17th October, 2011 in Bail Application No.8326 of 2011, bail was granted to accused Nos.3 and 2 respectively. 7. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 28/10/2011. 9. The petitioner shall be released on bail only on 28/10/2011 on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions:- Bail Appln.No.8402/2011 : 3 : A) The petitioner 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 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; 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 skj