IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9429 of 2011 CRIME NO.348 OF 2011 OF KONGAD POLICE STATION, PALAKKAD DISTRICT APPLICANT/ACCUSED ------------------------------------- KRISHNA S.GUPTA,S/O.LAKSHMI AMMAL. KIZHAKKUMPURATH HOUSE,THRIPPALAMUNDA, PARASSERRY, PERINGODE, PALAKKAD. BY ADV. SRI.M.KRISHNAKUMAR RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9429 OF 2011 ------------------------------------------------------ Dated this the 22nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.348 of 2011 of Kongad Police Station, Palakkad District. 2. The offences alleged against the accused are under Sections 341, 294(b), 324, 506(ii) and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 29.9.2011, the accused persons attacked the defacto complainant, who is none other than the sister of accused No.1, resulting in serious injuries. The petitioner was arrested on 29.9.2011. The application for bail submitted by the petitioner before the learned Sessions Judge was dismissed by the order dated 14th October, 2011. BAIL APPL. NO.9429 OF 2011 :: 2 :: 4. B.A.No.8763 of 2011 filed by the petitioner was dismissed by the order dated 4th November, 2011. The investigation has progressed much thereafter. It is submitted by the learned Public Prosecutor that the investigation is at the final stage. 5. 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. 6. 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 II, Palakkad, 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, 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; BAIL APPL. NO.9429 OF 2011 :: 3 :: 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/