IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9855 of 2011 CRIME NO.881 OF 2011 OF EZHUKONE POLICE STATION, KOLLAM DISTRICT PETITIONER: ACCUSED --------------------------- MURUKAN, RENJITH BHAVAN, IDAKKIDOM, KAREEPRA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9855 OF 2011 ------------------------------------------------------ Dated this the 3rd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.881 of 2011 of Ezhukone Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 323, 341, 307 and 450 of the Indian Penal Code. 3. The prosecution case is the following: On 6.10.2011 at about 7.30 P.M., due to previous enmity, the accused trespassed into the house of the defacto complainant and stabbed her indiscriminately with the scissors brought by the accused. The defacto complainant sustained serious injuries. 4. Learned Public Prosecutor submitted that there was civil dispute between the defacto complainant and the accused and in that civil case, the defacto complainant was successful. BAIL APPL. NO.9855 OF 2011 :: 2 :: 5. The petitioner was arrested on 9.10.2011 and he was remanded to judicial custody. 6. B.A.No.9229 of 2011 filed by the petitioner for bail was dismissed by the order dated 15th November, 2011. Investigation has progressed much thereafter. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kottarakkara, subject to the following conditions: 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 one month and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.9855 OF 2011 :: 3 :: 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 ahz/