IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8236 of 2011() ----------------------------- CRIME NO.983/11 OF HOSDURG POLICE STATION PETITIONER/ACCUSED NO.1 -------------------------------------- K.RAJAN, AGED 23, S/O. RAGHAVAN, MOOVARIKUNDU, KASARAGOD. BY ADV. SRI.V.R.REKESH RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8236 of 2011 --------------------------- Dated this the 13th day of October, 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.983 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 323, 324, 427 and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 22.9.2011. The petitioner was arrested on 24.9.2011. He is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BA 8236/11 2 5. As per the order dated 12th October, 2011 in Bail Application No.8171 of 2011, bail was granted to accused Nos.2 and 3. 6. The wound certificate shows that the de facto complainant sustained a stab injury having a length of 30 cm. x . 05 cm. on the lower part of the anterior chest. The allegation is that accused No.1 caused the injury using a knife. There is no allegation that accused Nos.2 and 3 caused any incised wound to the victim. In these circumstances, I am inclined to grant bail to the petitioner only with effect from 24.10.2011. The petitioner shall be released on bail only on 24.10.2011 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, Hosdurg, 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 all Mondays, till the final report is filed or until further orders; BA 8236/11 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