IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9805 of 2011() ----------------------------- CRIME NO.998/2011 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER (S): ACCUSED NO.4 -------------------------------- K.K. FASALU, S/O.SIDDIQUE, AGED 21 YEARS, KANATHIL KOZHUKKAL HOUSE, ARIYIL.P.O, PATTUVAM AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KREALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.H.O TALIPARAMBA POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9805 of 2011 --------------------------- Dated this the 2nd 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.4 in Crime No.998 of 2011 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 341, 324, 308 and 506(ii) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.11.2011, while the de facto complainant was walking along the side of the road, he was attacked by the accused persons with wooden stick with an intention to kill him. The de facto complainant sustained injuries. It is alleged that the de facto complainant was attacked due to political rivalry. The petitioner was arrested on 18.11.2011 and he was remanded to judicial custody. BA 9805/11 2 4. The learned Public Prosecutor submitted that the investigation is not over. 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 with effect from 19.12.2011. The petitioner shall be released on bail only on 19.12.2011 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 Judicial Magistrate of the First Class, Taliparamba, 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 and Thursdays for a period of two months and thereafter of 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; BA 9805/11 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; 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 csl