IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3622 of 2011 -------------------------------------- [CRIME NO.180/2011 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. SHAJI GEORGE, S/O.GEORGE, MANTHOTTATHIL HOUSE, AMBOORI P.O., THIRUVANANTHAPURAM. 2. VICTOR, S/O.CHELLAPPAN, VICTOR COTTAGE, MANJAKUNNEL, AMBOORI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K.BALAKRISHNAN, J. ------------------------------------- B.A.No. 3622 OF 2011 -------------------------------------- Dated this the 17th day of May, 2011 ORDER Petitioners are 1st and 2nd accused in Crime No.180/2011 of Vellarada Police Station. It was registered under Sections 324 and 326 read with 34 I.P.C. This application is for pre- arrest bail. 2. It is alleged that on 22.03.2011 the accused persons in furtherance of their common intention of causing grievous hurt to the de facto complainant inflicted injuries on him with a stick and iron rod and caused fracture to his hand. 3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. 4. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioners will surrender before the investigating officer on 27.05.2011. The investigating officer after interrogation will produce the petitioners before the Magistrate. If interrogation is over, the learned Magistrate will B.A.No. 3622 OF 2011 : 2 : grant bail to the petitioners on each of them executing a bond for Rs.50,000/- with two solvent sureties for the like sum. However, the petitioners shall be released only on the following further conditions: i. The petitioners shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The petitioners shall produce their original passport before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. B.A.No. 3622 OF 2011 : 3 : iv. The petitioners and the sureties shall not leave the jurisdiction of the Court concerned, without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE dmb