IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3663 of 2011 -------------------------------------- [CRIME NO.189/2011 OF PATTANAKKADU POLICE STATION, ALAPPUZHA DISTRICT] .................... PETITIONER/A3: ----------------------- MANEESH, AGED 26, S/O.SASIDHARAN, KALAVELLIYIL HOUSE, PATTANAKKADU, CHERTHALA. BY ADV. SRI.C.P.UDAYABHANU. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PATTANAKKADU POLICE STATION, (CRIME 189/2011) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. K. MEERA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K.BALAKRISHNAN, J. --------------------------- B.A.No.3663 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioner is the 3rd accused in Crime No.189/2011 of Pattanakkad Police Station in Alappuzha District. It was registered under Sections 324 & 308 read with section 34 IPC. This application is for pre-arrest bail. 2. The allegations are that the petitioner and other accused attacked the defacto complainant with iron rode, bricks etc. It is alleged that they attempted to cause culpable homicide of the defacto complainant. So far as this petitioner is concerned, the allegation is that he had beaten with brick pieces. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. Considering all the aspects the following directions are issued. B.A.No.3663 /2011 2 4. The petitioner shall surrender before the Investigating Officer on 26/05/2011 and after interrogation he shall be produced before the concerned Magistrate and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioner is arrested he shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that B.A.No.3663 /2011 3 he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM and 11.30 AM until further orders. ii. 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. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he/they will not commit any offence similar to the offence involved in this case and that he/they 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. iv. The accused and the sureties shall not leave the jurisdiction of the JFCM Court concerned without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by B.A.No.3663 /2011 4 insisting production of electoral photo identity cards/Driving licence etc. vi. 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. This Bail Application is disposed of as above. N.K.BALAKRISHNAN (JUDGE) jg