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. 5491 of 2011() ----------------------------- CRIME NO.192/11 OF AMBALATHARA POLICE STATION .................... PETITIONER/ACCUSED NO.1: -------------------------------- V.DAMODARAN, AGED 26 YEARS, S/O.KARUTHAMBU, ANJAM MILE, VELLUR VILLAGE, HOSDURG TALUK, 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.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. --------------------------- B.A.No.5491 of 2011 --------------------------- Dated this the 18th day of July, 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.192 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 302 and 324 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 2.5.2011. Arrest of the petitioner was recorded on 17.5.2011. It is submitted that accused Nos.4 to 6 were granted bail as per the order dated 30th June, 2011 in Bail Application No.5051 of 2011 and accused No.3 was granted bail by the order dated 11.7.2011 in B.A.No.5429 of 2011. BA 5491/2011 2 4. 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. The petitioner shall be released on bail on his executing bond for ` 50,000/- 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 not enter into the limits of Ambalathara Police Station until further orders; 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; BA 5491/2011 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. K.T.SANKARAN JUDGE csl