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. 9263 of 2011() ----------------------------- CP.332/2011 of J.M.F.C.-I,KASARAGOD .................... PETITIONER : ACCUSED ------------------------------ ASHOKAN, S/O.BABU, AGED 26 YEARS, THALIPADUPU, KASABA VILLAGE, KASARAGODE BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9263 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 CP No.332 of 2011 on the file of the court of the Judicial Magistrate of the First Class-I, Kasaragod. 2. The prosecution case is that on 31.1.2006 at 9.35 A.M., the de facto complainant was attacked by the accused while the former was travelling in a bus. It is alleged that the victim and the accused belong to different communities and the offence was committed to promote enmity between two groups on the ground of religion. The victim sustained stab injuries. The petitioner was not arrested during the crime stage. Charge sheet was filed after completing the investigation. However, since the petitioner's presence could not be secured, the case against him was split up and the case was refiled as CP No.332 of 2011. Non bailable warrant was BA 9263/11 2 issued against the petitioner in execution of which the petitioner was arrested on 13.10.2011. The petitioner is in judicial custody since 13.10.2011. 3. The learned counsel for the petitioner as well as the learned Public Prosecutor submitted that committal proceedings are over. 4. Taking into account the facts and circumstances of the case and the duration of the judicial custody undergone by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions: BA 9263/11 3 A) The petitioner shall surrender his passport before the court having jurisdiction. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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 csl