IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10567 of 2011() ---------------------------------- CMP.9129/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATINKARA (CRIME NO.735/2011 OF ARYANKODE POLICE STATION , NEYYATINKARA) .................... PETITIONER/1ST ACCUSED -------------------------------- ROLLANDS KUMAR @ RAJAN S/O.THANKAYYAN, R.N.NIVAS, KAKKANAM, KUNDUKONAM, THALAMANNOOR DESOM, PRUMKADAVILA VILLAGE BY ADV. SRI.G.SUDHEER RESPONDENT(S)/STATE ---------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NK N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10567 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner is the accused in Crime No.735 of 2011 of Aryankode Police Station. The offences alleged against him are under Sections 323, 451, 354 and 308 r/w 34 IPC. It is alleged that when an audit was conducted, there was deficiency of fund. When defacto complainant questioned, the accused got infuriated. He trespassed into the office room of the defacto complainant and fisted on her left cheek and kicked on her lower abdomen and thereby she has sustained bleeding and tenderness on the inner organs. Hence, the prosecution contends that death was likely to be caused to the defacto complainant. The petitioner was arrested and produced before the learned Magistrate on 10.12.2011. Since then he has been in judicial custody. Considering the gravity of the offence alleged, the learned Magistrate has rightly dismissed the bail application. 2. The learned counsel for the petitioner submits that there was a counter case in which the allegation is that the wife of the BA 10567/2011 2 accused was attacked by the defacto complainant. Annexure B is stated to be the FIR in that crime (Crime No.736 of 2011). Considering all the aspects, the petitioner is granted bail with effect from 31.12.2011 on the following conditions: 1. The petitioner shall execute a bond for Rs.1 lakh (Rs.One lakh only) with two solvent sureties for the like sum to the satisfaction of the court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. 2. The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. 3. The petitioner shall not enter the limits of Aryankode Police Station except for compliance of condition No.2 just mentioned above. 4. The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. BA 10567/2011 3 5. The petitioner shall not influence the witnesses or interfere with the investigation nor shall the witnesses be intimidated or terrorized. 6. The petitioner shall appear before the Investigating Officer for interrogation as and when directed. 7. The petitioner shall not get involved in commission of any offence while on bail. 8. Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the court. N.K.BALAKRISHNAN, JUDGE. srd BA 10567/2011 4 BA 10567/2011 5