IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6592 of 2011() ----------------------------- PETITIONER/2ND ACCUSED -------------------- T.V.SASI, AGED 35 YEARS S/O.KUNHAMBU, CHEERKAYAM, WEST ELERY VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.HEMALATHA SRI.BINU GEORGE RESPONDENT/STATE: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VELLARIKUNDU POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6592 of 2011 --------------------------------------- Dated this the 19th day of August, 2011 ORDER This petition has been filed under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No. 333/2011 of the Vellarikundu Police Station registered for the offence punishable under Sections 448, 341, 324, 308, 427 read with 34 of Indian Penal Code. The gist of the prosecution case is that the petitioner along with another (A1) pursuant to their common intention trespassed upon the tea shop operated by the defacto complaint. A1 attacked the victim with a knife, striking at his neck which being avoided, he sustained serious injury in his wrest. The victim was also assaulted by the other accused and they also destroyed glasses and chairs in the teashop. The investigation of the crime is in progress. 2. No specific overtact is imputed against the petitioner/A2 and in fact allegations imputed are false is the submission of the learned counsel to contend that his custodial interrogation is not essential. The application is opposed by the learned Public Prosecutor. The nature of injuries suffered by the defacto complainant when he was attacked with knife weapon is also B.A.No.6592 of 2011 2 pointed out by the public prosecutor. Considering the submissions made and taking note of the facts and circumstances, the petitioner is directed to report before the investigation officer at a time between 10 a.m and 12 p.m. on 24th or 25th of this month to facilitate the investigation. If the investigation officer finds that his arrest is required, on the date of his arrest itself ,he shall be produced before the Magistrate Court concerned. Any application moved by the petitioner before the Magistrate for seeking his release on bail in the event of his arrest and such production, shall be given top priority and if possible to be disposed on the same day or the next day. The petitioner shall cooperate with the investigation of the crime. He shall not involve in any activity causing obstruction to the investigation of the crime. S.S.SATHEESACHANDRAN, JUDGE. rkc