IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Bail Appl..No. 8581 of 2011(A) ------------------------------------------ [CRIME NO.540/2011 OF KUTTIADY POLICE STATION, KOZHIKODE DISTRICT] .................... PETITIONER/ACCUSED NO.8: ------------------------------------------ KANNAN, AGED 45 YEARS, S/O. CHETHAN, NELLIYALLAPARAMBIL, CHERAPURAM, NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.E.C.BINEESH. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.8581 of 2011 ---------------------------------------------------- Dated this the 28th day of October, 2011 Order The petitioner is one of the accused in Crime No.540 of 2011 of Kuttiady Police Station registered under Sections 143, 147, 148, 249(b), 324 and 307 read with 149 IPC. The incident took place in the morning of 23.9.2011. It is alleged that the petitioner and 20 other persons attacked the defacto complainant and inflicted serious injuries on his body. The petitioner has been in custody from 26.9.2011 onwards. Hence, the learned counsel for the petitioner submits that considering the period of detention, he may be granted bail. 2. The learned Public Prosecutor has opposed the application stating that the incident took place in Nadapuram, a highly sensitive area; where there used to be clashes between two groups of people and so if the petitioner is granted bail, he will get himself indulged in such crimes. It is also stated that the petitioner is involved in two other crimes though he has been granted bail in those cases. It is also submitted by the learned Public Prosecutor that other accused persons are absconding and if this accused is granted bail, that will affect the investigation. BA 8581/11 2 The learned counsel for the petitioner submits that only for the reason that other accused persons are absconding, the petitioner need not be detained indefinitely. Considering all the aspects and also considering the period of detention, the petitioner is granted bail but only with effect from 4.11.2011 on the following conditions: 1. The petitioner shall execute a bond for Rs.25,000/- (Rs.Twenty Five Thousand only) with two solvent sureties each for the like amount. 2. Sureties shall produce the attested photocopies of the title deeds, besides the recent basic tax receipts. 3. Accused shall appear before the investigating officer on all Saturdays between 10AM and 11 AM until further orders. 4. He shall not in any way influence the witnesses and shall not leave Kozhikode District. 5. While on bail, he shall not commit any offence of similar nature. N.K.BALAKRISHNAN, JUDGE. srd BA 8581/11 3 BA 8581/11 4