IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3592 of 2011() ----------------------------------------- CRIME NO.9/2011 OF THIRUVALLAM POLICE STATION. .................... PETITIONER/ 1ST ACCUSED ------------------------------------------ STEPHAN, AGED 34 YEARS, S/O.SEBASTIAN, ALEX HOUSE, PUNCHAKKARI, THIRUVALLAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. -------------------------------------- B.A.No.3592 of 2011 --------------------------------------- Dated this the 20th day of May, 2011 ORDER Petitioner is the first accused in Crime No.9/2011 of Thiruvallom Police Station. It was registered under Sections 323, 354, 452, 506(ii) & 34 IPC. This application is for pre-arrest bail. 2. It is alleged that this petitioner and others trespassed into the house of the de facto complainant and beat the de facto complainant and others and inflicted injuries. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 4. Considering all these aspects, I am not inclined to grant anticipatory bail at this stage, but the following directions can be issued. The petitioner will surrender B.A.No.3592/2011 2 before the Magistrate within one week. If the learned Magistrate is inclined to grant bail, it shall be on the following further conditions: i. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. ii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he 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. iii. The accused and the sureties shall not leave the jurisdiction of the court concerned without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. B.A.No.3592/2011 3 v. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl