IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3636 of 2011() ---------------------------------- (CRIME NO.459/2011 OF PARAVUR POLICE STATION, KOLLAM DISTRICT) .... PETITIONERS/A1-4 ----------------------- 1. RAJESH,AGED 21, S/O.RAJENDRAN, KUNNUMPURATHU VEEDU,OZHUKUPARA,POLACHIRA PO, KOLLAM DISTRICT. 2. RATHEESH @ APPUNNI,AGED 24, S/O.RAVEENDRAN,KUNNUVILA VEEDU, OZHUKUPARA,POLACHIRA PO,KOLLAM DISTRICT. 3. NIKHIL,AGED 23,S/O.SUDARSANAN, NIKHILA BHAVAN,OZHUKUPARA, POLACHIRA PO,KOLLAM DISTRICT. 4. HAREESH,AGED 22,S/O.RADHAKRISHNA PILLAI, USHAMANDIRAM,OZHUKUPARA, POLACHIRA PO, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): -------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION,KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3636 OF 2011 = = = = = = = = = = = = = = = Dated this the 17th day of May, 2011 O R D E R Petitioners are accused in Crime No. 459 of 2011 of Paravur Police Station, Kollam District. It was registered under Sections 326, 294(b) r/w S.34 IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. It is alleged that petitioners attacked the defacto complainant and due to the beating with iron rod fracture was caused to the right wrist bone. Petitioners did not surrender before the police so far. Hence I am not inclined to grant anticipatory bail to the petitioners. However the following directions are issued. Petitioners will surrender before the Investigating Officer on 27.5.2011 and after interrogation the petitioners shall be produced before the Magistrate having jurisdiction. If further interrogation is not required petitioners shall be B.A. NO. 3636 OF 2011 -:2:- released on bail on their executing a bond for Rs.50,000/- with two solvent sureties for the like sum and also on the following further conditions. i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If he they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court, Kollam without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of B.A. NO. 3636 OF 2011 -:3:- the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN,JUDGE. ul/-