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. 3211 of 2011() -------------------------------------- CRIME NO.611/2011 OF KUNDARA POLICE STATION, KOLLAM DISTRICT ........... PETITIONER (S): ACCUSED ---------------------------------------- SHAJI, S/O. ISAC, JINCY VILASOM, FATHIMA JUNCTION, PADAPPAKKARA.P.O, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.K.MEERA 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.3211 OF 2011 --------------------------------------- Dated this the 17th day of May, 2011 ORDER Petitioner is the accused in Crime No.611/2011 of Kundara Police Station, Kollam District. It was registered under Sections 341 & 326 of IPC. This application is for pre-arrest bail. 2. The allegation is that the petitioner has inflicted injury on the defacto complainant with a stone causing fracture on the ribs. The learned counsel for the petitioner submits that the petitioner attacked the defacto complainant suspecting that he had an illicit relationship with the wife of the petitioner. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. Considering all the aspects the following directions are issued. 3. The petitioner shall surrender before the police on 25.5.2011. After interrogation, he shall be produced before the Magistrate. If intorrogation is over, the petitioner B.A.No.3211/11 2 shall be released on bail on his executing a bond for Rs.50,000/- 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 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 to 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he isnot 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 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 B.A.No.3211/11 3 jurisdiction of that Court 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. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3211/11 4 B.A.No.3211/11 5