IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9729 of 2011() ----------------------------- CMP.986/2011 of J.M.F.C.-II,ATTINGAL Crime No.986 of 2011 of Kallambalam Police Station, Thiruvananthapuram District. .................... PETITIONER/ACCUSED -------------------------------------- MANIKANTAN NAIR, S/O.KUTTAPPAN PILLAI, LAKSHMI BHAVAN, ASARIKONAM, NAVAIKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9729 OF 2011 --------------------------------- Dated this the 1st day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.986 of 2011 of Kallambalam Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3.The prosecution case is the following: On 7.10.2011 at about 3.30 P.M, the accused quarreled with his wife and manhandled his wife and mother-in-law. In order to escape, they came running to the place where the de facto complainant and his friends were standing. The accused came there and again manhandled his wife and mother-in-law. The de facto complainant tried to prevent the accused from B.A.No. 9729 OF 2011 2 attacking his wife and mother-in-law. At that time, the accused stabbed the de facto complainant. He fell down. The friend of the de facto complainant tried to save the de facto complainant. The accused stabbed him also. The de facto complaint was taken to the hospital and he was referred to the Medical College hospital. 4. The petitioner was arrested on 11.10.2011 and he was remanded to judicial custody. 5.Bail Application No.9203 of 2011 filed by the petitioner was dismissed as per the order dated 15th November, 2011. The learned Public Prosecutor submitted that the investigation will be over within a period of one week. 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 with effect from 9.12.2011. B.A.No. 9729 OF 2011 3 7.The petitioner shall be released on bail only on 9.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal, 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; 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9729 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms