IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5866 of 2011() ----------------------------------------- CRIME NO.157/2011 OF PAYYAVOOR POLICE STATION, KANNUR DISTRICT ---------------------------- PETITIONER/ACCUSED.NO.2. -------------------------------------------- K.ANOOP, AGED 27 YEARS, S/O.JOSE, KUNNEL HOUSE, KALANKI, VAYATHUR AMSOM, DESOM, WITHIN PAYYAVOOR POLICE STATION. BY ADV. SRI.C.KHALID SRI.T.P.SAJID SRI.PHIJO PRADEESH PHILIP RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE. --------------------------------------------------------------------------------------- 1. STATION HOUSE OFFICER, PAYYAVOOR POLICE STATION-670 633. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. COCHIN-31 R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No. 5866 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.157 of 2011 of the Payyavoor Police Station, Kannur District. 2.The offences alleged against the petitioner are under Sections 120-B, 449, 302 and 307 of the Indian Penal Code. 3.The date of occurrence was on 22.6.2011. The petitioner was arrested on 25.6.2011 and he was remanded to judicial custody. No overt act as such is alleged against the petitioner which are attributable to the injuries sustained by the victim and the allegations would show that he was waiting outside the house. B.A.No. 5866 OF 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. 5.The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: A) The petitioner shall not enter into the limits of Payyavoor Police Station for a period of three months. 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. E) The petitioner shall not commit any offence B.A.No. 5866 OF 2011 3 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 cms