IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5985 of 2011() ----------------------------- CMP.5873/2011 of J.M.F.C.,KASARAGOD CRIME NO.148/2011 OF MANJESHWAR POLICE STATION KASARAGOD DISTRICT .................... PETITIONER/ACCUSED --------------------- ABDUL HAMEED @ AMMI, AGED 26 YEARS, S/O.LATE MOIDEEN,ADAGOLI HOUSE,PAIVALIKE VILLAGE KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT: STATE -------------------- STATE OF KERALA,REPRESENTED BY S.H.O. MANJESHWAR POLICE STATION,KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5985 of 2011 ---------------------------------------------- Dated this the 28th day of July, 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.148 of 2011 of Manjeshwar Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 323, 324, 341 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22/02/2011, while the de facto complainant and his uncle were proceeding in a car, the accused persons came in another car and deliberately hit the car of the de facto complainant. Later the de facto complainant and his uncle were attacked with the iron rods. 4. The petitioner was arrested on a production warrant on 29/06/2011, as he was in judicial custody in a case registered in Karnataka State. 5. The learned Public Prosecutor submitted that the petitioner is involved in several other cases. Bail Appln.No.5985/2011 : 2 : 6. 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. 7. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, 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. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5985/2011 : 3 : 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. The petitioner shall not be released from jail if his detention is required in any other case. K.T.SANKARAN, JUDGE skj