IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9802 of 2011 CRIME NO.540 OF 2011 OF TOWN POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NO.2: -------------------------------------- ISHAK, S/O.HAMZA, NEW MADDALAM HOUSE, MARAKKAN KADAVU, MUGHADAR, NAGARAM AMSOM, NOW AT RIFNAS, CHENAKKUZHIPPADAM, AREEKKAD, CHERUVANNUR AMSOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE-673001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SMT.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9802 OF 2011 ------------------------------------------------------ Dated this the 6th 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 accused No.2 in Crime No.540 of 2011 of Town Police Station, Kozhikode. 2. The offences alleged against the accused are under Sections 332 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 10.10.2011, the accused persons attacked the Assistant Sub Inspector of Police while he was discharging his official duties. It is alleged that the police party was attacked by the accused as a vengeance to the lathi charge against the students, which took place in and around Kozhikode. The petitioner was arrested on 31.10.2011 and he was remanded to judicial custody. BAIL APPL. NO.9802 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 I, Kozhikode, 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.9802 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/