IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5369 of 2011 CRIME NO.137 OF 2011 OF THIRUVAMBADY POLICE STATION PETITIONER/ACCUSED -------------------------------------- KUTTIKRISHNAN.E.P., S/O.PONNANKUTTY, AGED 53 YEARS, ERUVILAMKATTIL HOUSE, ATHIPPARA, PULLOORAMPARA P.O., THIRUVAMBADY AMSOM, KOZHIKODE TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.137/2011 OF THIRUVAMBADY POLICE STATION, KOZHIKODE DISTRICT). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5369 OF 2011 ------------------------------------------------------ Dated this the 7th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.137 of 2011 of Thiruvambady Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 17.6.2011. The petitioner was arrested on 18.6.2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that if the petitioner enters into the limits of Thiruvambady Police Station, breach of peace is likely to occur. 4. 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. Bail Appl. NO.5369 of 2011 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Thamarassery, subject to the following conditions: a) The petitioner shall not enter into the limits of Thiruvambady Police Station for a period of one month, except for complying with conditions (b) and (c). b) 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; c) The petitioner shall appear before the investigating officer for interrogation as and when required; 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) 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 ahz/