IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10267 of 2011() ------------------------------ CRIME NO.9 OF 2011 OF MALAKKAPARA POLICE STATION, THRISSUR DT. PETITIONERS/ACCUSED --------------------------------------- MANIKANDAN, AGED 25 YEARS, S/O.LAKSHMANAN, TATA TEA QUARTERS, KADAMATTOM, MALAKKAPARA, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, MALAKKAPARA POLICE STATION, (CRIME NO.9 OF 2011), MALAKKAPARA, THRISSUR. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10267 OF 2011 --------------------------------- Dated this the 20th 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.9 of 2011 of Malakkapara Police Station, Thrissur District. 2.The offences alleged against the petitioner are under Sections 447 and 307 of the Indian Penal Code. 3. The prosecution case is that on 16.11.2011 at 10.45 A.M, the accused trespassed into the house of the defacto complainant and attacked the victim (Prabhu), who was available in the courtyard of the house. The incident took place in a Tea estate. The petitioner was arrested on 17.11.2011 and he was remanded to judicial custody. B.A.No.10267 OF 2011 2 4. It is submitted that the petitioner is the son of a worker in the Tea estate where the incident occurred. The learned counsel for the petitioner submitted that the petitioner is studying for M.Sc. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the wound certificate which shows that the defacto complainant sustained a very deep injury on his neck. 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. 7.The petitioner shall be released on bail 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, Chalakkudy, subject to the following conditions: B.A.No.10267 OF 2011 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M 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 enter into the Police Station limits of Malakkapara Police Station, for a period of two months except for complying with conditions A & B; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) 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 cms