IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3415 of 2011 ----------------------------- CRIME NO. 353/2011 OFKUNNAMKULAM POLICE STATION, THRISSUR DISTRICT ................ APPLICANTS/ACCUSED 1 AND 2: ------------------------------------ 1. ABDULLAKUTTY, AND 33 YEARS, S/O MAMMI, MANATTUKULANGARA HOUSE, KAPPUR P.O., PALAKKAD DISTRICT. 2. JAFFAR, AGED 30 YEARS, S/O KUNHIMON, KOOLIYATTAYIL HOUSE, PERUMPILAVU P.O., THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE S.I. OF POLICE, KUNNAMKULAM POLICE STATION. BY PUBLIC PROSECUTOR, SMT.LATHA THANKAPPAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3415 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of May,2011 O R D E R Petitioners are the accused in Crime No. 353/11 of Kunnamkulam Police Station, Thrissur District. It was registered under Sections 420, 471, 468 r/w 34 IPC. This application is for pre-arrest bail. 2. It is submitted by the learned Public Prosecutor that the name of second accused has already been deleted from the array of accused. Therefore, the application pertaining to the second accused will stand closed. 3. It is stated that there was a property dispute and the incident happened because of the wrong recital in the document pertaining to the boundary. It is stated that it is only a civil dispute and taking note of these aspects the following directions are issued. 4. The petitioner/1st accused shall surrender before the learned Magistrate concerned within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the B.A. No. 3415 of 2011 -:2:- bail application uninfluenced by the observations made by this court in this order. In the meanwhile if the petitioner is arrested he shall be released on bail on his executing a bond for `75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on further conditions as stated below: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. ii. The accused shall produce 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. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence B.A. No. 3415 of 2011 -:3:- involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Magistrate Court concerned without the prior permission of the learned Magistrate. 5. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K. BALAKRISHNAN, JUDGE ttb