IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9261 of 2011() ----------------------------- CRIME NO.898/11 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED NO.1 : --------------------------------- ABDUL RASHEED, AGED 28 YEARS, S/O.USMAN @ PAINTER USMAN, KALLUVALAPPU, CHEMBARIKKA P.O., CHANDRAGIRI, KALANAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9261 of 2011 --------------------------- Dated this the 16th day of November, 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.1 in Crime No.898 of 2011 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.10.2011, while the de facto complainant was returning from the fish market, he was attacked by the accused persons. The first accused used a blade like weapon and caused injuries on the de facto complainant. He sustained cut injuries. 4. The petitioner was arrested on 25.10.2011 and he was remanded to judicial custody. BA 9261/11 2 5. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.1064 of 2010 of Kasaragod Police Station for the offence under Section 332 read with Section 34 of the Indian Penal Code and Section 3(1) of the PDPP Act. It is also submitted that a communal tension prevailed in the locality and the petitioner was also actively involved in criminal activities. 6. 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 30.11.2011. The petitioner shall be released on bail only on 30.11.2011 on his executing bond for ` 25,000/- 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 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 on Mondays, till the final report is filed or until further orders; BA 9261/11 3 B) The petitioner shall appear before the investigating officer for interrogation as and when required; 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