IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9158 of 2011() ----------------------------- CRIME NO.770/2011 OF VARKALA POLIC STATION .................... PETITIONER/ACCUSED ----------------------------- SANEER, SEENA MANSIL, NEAR RAILWAY STATION, EDAVA, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9158 of 2011 --------------------------- Dated this the 11th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.770 of 2011 of Varkala Police Station. 2. The offences alleged against the petitioner are under Sections 452, 326, 506(ii), 308 and 427 of the Indian Penal Code. 3. The prosecution case is that on 8.8.2011 at about 9.45 P.M., the accused trespassed into the shop of the defacto complainant, destroyed articles worth ` 50,000/- and hit him with iron rod. As a result of the attack, the de facto complainant sustained fracture on the left hand. 4. The petitioner was arrested on 3.10.2011 and he was remanded to judicial custody. BA 9158/11 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Varkala, 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 one month and thereafter on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; BA 9158/11 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