IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8085 of 2011 CRIME NO.661 OF 2011 OF PATHANAMTHITTA POLICE STATION PETITIONER: ACCUSED: -------------------- GINTO ,VARUVATTIYIL VEEDU, KUMBAZHA,PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS SMT.SIKKY RAVISHANKAR RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, PATHANAMTHITTA POLICE STATION. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8085 OF 2011 ------------------------------------------------------ Dated this the 4th day of October, 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.661 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Sections 447, 294(b), 324, 326 and 307 of the Indian Penal Code. 3. The date of occurrence was on 27.8.2011. The petitioner was arrested on 28.8.2011. 4. The allegation is that the petitioner criminally trespassed into the house of the de facto complainant and attacked the uncle of the de facto complainant with a chopper. The uncle of the de facto complainant sustained very serious injury. He has to undergo a surgery. The son of the uncle of the de facto complainant was also attacked by the accused with a chopper. He also sustained serious injuries. The investigation is in progress. BAIL APPL. NO.8085 OF 2011 :: 2 :: 5. B.A.No.7368 of 2011 filed by the petitioner was dismissed by the order dated 23.9.2011. 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, however, only with effect from 14.10.2011. 7. The petitioner shall be released on bail only with effect from 14.10.2011 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, Pathanamthitta, 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 BAIL APPL. NO.8085 OF 2011 :: 3 :: 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 ahz/