IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10860 of 2011() ------------------------------------------ CRIME NO.2721/2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DIST. ................. PETITIONER/FIRST ACCUSED: -------------------------------------------- NAZER, VELIYIL PUTHENPURAYIL VEEDU PADANAYARKULANGARA NORTH, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN, MR.M.R. JAYAPRASAD, MR.P. MOHANDAS (EKM), MR.MATHEW SUNNY, MR.ANOOP V.NAIR. RESPONDENT/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE ADDITIONAL SUB INSPECTOR OF POLICE KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT, PIN- 690 518. BY PUBLIC PROSECUTOR MR.ABDUL SALAM. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10860 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner is the first accused in Crime No.2721 of 2011 of Karunagappally Police Station. The offences alleged against him are under Sections 498A, 323, 324 and 308 r/w 34 IPC. It is alleged that he brutally manhandled his wife and attempted to cause her murder. It is stated that when her son intervened, he was also attacked by the petitioner. 2. The learned counsel for the petitioner submits that it is only with an intention to bolster up the complaint, Section 498A and 308 IPC were also included. He has been in judicial custody since 19.12.2011. The bail application was rightly dismissed by the learned Magistrate. However, considering the period of detention the petitioner is granted bail, but only with effect from 30.12.2011 on the following conditions: 1. The petitioner shall execute a bond of Rs.1 lakh (Rs.One lakh only) with two solvent sureties for the like sum to the satisfaction of the court below. The sureties shall produce their original title 2 deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. 2. The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. 3. The petitioner shall not enter the limits of Karunagappally Police Station except for compliance of the condition No.2 just mentioned above. 4. The petitioner/accused shall surrender 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. The Investigating Officer can ascertain the correctness of the affidavit, if it is sworn by the petitioner/accused that he has no passport. 5. The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. 6. The petitioner shall appear before the Investigating Officer for interrogation as and when directed. 3 7. The petitioner shall not get involved in commission of any offence while on bail. 8. Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the court. N.K.BALAKRISHNAN, JUDGE. srd 4