IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3666 of 2011() --------------------------------------- CRIME NO.499/2011 OF KUNNIKODU POLICE STATION, KOLLAM DISTRICT ............. PETITIONER (S): ACCUSED 1-4 ----------------------------------------------- 1. ABYMON, AGED 22 YEARS, S/O.BABYKKUTTY, THADAVILAPUTHENVEETTIL, PATTAZHY VILLAGE, THEKKETHERILMURI, KOLLAM DISTRICT. 2. BABU, AGED 55 YEARS, S/O.VARKEY, VIZHALAYIL HOUSE, THEKKETHERILMURI, PATTAZHY VILLAGE, KOLLAM DISTRICT. 3. C.V.BABY, THADAVILAPUTHENVEETTIL, THEKKETHERILMURI, PATTAZHY VILLAGE, KOLLAM DISTRICT. 4. RAJU, RILL BHAVAN, S/O.VARKEY, VIZHALAYIL HOUSE, THEKKETHERILMURI, PATTAZHY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SMT.K.M.NAZREEN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. --------------------------- B.A.No.3666 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioners are the 1st and 4th accused in Crime No. 499/2011 of Kunnikodu Police Station. It was registered under Sections 452, 294(b), 323, 324 read with Section 34 IPC. This application is for pre-arrest bail. 2. The allegations are that the accused persons committed trespass into the house of the defacto complainant and attacked them with a chopper, stick etc. 3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. The learned counsel for the petitioner submits that there was boundary dispute between the parties and that the allegations in the complaint are not true. Considering all the aspects the following directions are issued. 4. The petitioner shall surrender before the learned Magistrate concerned within 10 days from today and will B.A.No. 3666/2011 2 apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioner is arrested he shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each 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 the following further conditions: 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 and 11.30 AM until further orders. 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 B.A.No. 3666/2011 3 to the offence 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 JFCM Court concerned without the prior permission of the learned Magistrate. v. 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. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. This Bail Application is allowed as above. N.K.BALAKRISHNAN (JUDGE) jg