IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3542 of 2011 ----------------------------- CRIME NO.247/2011 OF BEKAL POLICE STATION, KASARAGODE DISTRICT. .................... PETITIONERS/ACCUSED NOS.1,3 AND 7: ---------------------------------------------- 1. JANARDHANAN P @ VASU, AGED 28 YEARS, S/O. KANNAN, PALLIYIL, MEENGOTH, PULLUR VILLAGE, HOSDURG TALUK. 2. VIPIN T.C., AGED 22 YEARS, S/O. CHANDRAN, THATTARU PARAMBIL, AMBALATHARA, PULLUR VILLAGE, HOSDURG TALUK. 3. SAJEESH K.M., AGED 20 YEARS, S/O. VELAYUDHAN, AMBALATHARA, PULLUR VILAGE, HSODRUG TALUK. BY ADV. SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT/COMPLAINANT & STATE: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.247/2011 OF BEKAL POLICE STATION), KASARAGOD DISTRICT, KASARAGOD. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3542 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of May,2011 O R D E R Petitioners are accused Nos. 1, 3 and 7 in Crime No.247/2011 of Bekal Police Station, Kasargod District. It was registered under Sections 143, 147, 148, 341, 506(ii), 324, 308, 427 r/w 149 IPC. Petitioners were arrested on 23.04.2011. Their bail applications were dismissed by the trial Court. 2. The material allegation is that on 19.04.2011 at 7.30 p.m. at Mailattippara the accused persons formed an unlawful assembly armed with deadly weapons and in furtherance of their common object to commit offence, wrongfully restrained the defacto complainant and the first accused threatened to cause death. Accused Nos. 1 to 3 caused injury to the defacto complainant using a knife. The Jeep of the defacto complainant was damaged. If the defacto complainant has not timely avoided the attack of accused, it would have caused his death. 3. Petitioners seek regular bail. 4. I have heard the learned counsel appearing for the B.A. No. 3542 of 2011 -:2:- petitioners and the learned Public Prosecutor and also gone through the available records. 5. Since 23.04.2011 they have been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that they will abide any condition that may be imposed on them, the accused are granted bail, with effect from 18.05.2011, subject to the following conditions: i. The accused shall execute a bond for `75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum to the satisfaction of JFCM-II, Hosdurg. If in case the Magistrate has any 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. ii. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to B.A. No. 3542 of 2011 -:3:- 11.30 AM until further orders. iii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they 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. v. The accused and the sureties shall not leave the jurisdiction of the JFCM-II Court, Hosdurg without the prior permission of the learned Magistrate. vi. 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. vii. Petitioners will furnish the correct residential B.A. No. 3542 of 2011 -:4:- address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE ttb