IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9059 of 2011() ----------------------------- CRIME NO.1122/2011 OF ANCHALUMOODU POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED NO.1: ----------------------------------- ROBIN, AGED 25 YEARS, S/O.JOBOY, PUTHUVEETTIL KAYALVARAM, MATHILIL CHERRI, THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTORL HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9059 of 2011 --------------------------- Dated this the 10th 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 accused No.1 in Crime No.1122 of 2011 of Anchalummoodu Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 144, 147, 148, 353 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 4.10.2011. The petitioner was arrested on 9.10.2011. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. BA 9059/11 2 5. The allegation is that the accused persons attacked the de facto complainant with dangerous weapons in an attempt to murder him. It is alleged that the de facto complainant informed the police about the illegal sand mining activities in which the accused were involved. The local people under the leadership of the de facto complainant tried to drive away the accused persons by pelting stones against them. The police party was also informed. It is alleged that the accused attacked the police party and also brutally attacked the de facto complainant with dangerous weapons. The de facto complainant sustained several injuries including head injuries. 6. The investigation is in progress. I am not inclined to grant bail to the petitioner as on today. However, taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner with effect from 30.11.2011 and that too with stringent conditions. The petitioner shall be released on bail only on 30.11.2011 on his executing bond for ` 25,000/- with two solvent sureties for BA 9059/11 3 the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, 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 two months 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; 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