IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5649 of 2011() ----------------------------- CRIME NO.1252/2010 OF KASARAGOD POLICE STATION PETITIONER : 2ND ACCUSED -------------------------- KISHOR KUMAR. K.G., S/O.K.G.MADHAVAN NAIR, AGED 27 YEARS, AYYAPPA NAGAR, KUDLU VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION-671121. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5649 of 2011 ---------------------------------------------- Dated this the 18th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1252 of 2010 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 326, 308 and 153-A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 02/12/2010, the accused persons came on a motor bike and the first accused stabbed the de facto complainant. The formal arrest of the petitioner was recorded on 02/06/2011. The learned Public Prosecutor submitted that the petitioner is involved in five other cases including a murder case. The learned Public Prosecutor also submitted that the Bail Application filed by the first accused was dismissed by this Court. 4. The learned counsel for the petitioner submitted that even according to the prosecution, accused No.1 stabbed the de facto complainant. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5649/2011 : 2 : petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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 Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: A) The petitioner shall not enter into the limits of Kasaragod Police Station for a period of two months except for complying with condition Nos.B and C. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.5649/2011 : 3 : E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to judge