IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5618 of 2011() ----------------------------- (CRIME NO.407/2011OF IRITTY POLICE STATION, KANNUR) PETITIONER/2ND ACCUSED ------------------------------------------ BADUL RASACK, S/O. IBRAHIM, AGED 22 YEARS, VELLUTHAVALAPPIL HOUSE, KEEZHPALLI, ARALAM AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN SMT.LISHA.M.G. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, IRITTY POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5618 OF 2011 --------------------------------- Dated this the 19th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.407 of 2011 of the Iritty Police Station, Kannur. 2.The offences alleged against the petitioner are under Sections 332 and 307 read with 34 of the Indian Penal Code. 3.The prosecution case is that on 22.6.2011 at 3.30 A.M, a lorry driven by the first accused, in which the petitioner was the cleaner was entered Iritty bridge. The Home Guard on police duty directed the lorry to be take on the reverse side to facilitate smooth traffic. It is alleged that at that juncture, the lorry was taken in high speed and hitting on the Home Guards . One of the Home Guards sustained injuries, namely, dislocation of the right shoulder and lacerated injury on the forehead. B.A.No.5618 OF 2011 2 4. Since the lorry was driven away, the petitioner and the other accused could not be arrested and the lorry could not be seized. Only at about 2.15 P.M, the lorry could be seized from a distant place. The petitioner was arrested. The first accused escaped. 5.Taking into account the facts and circumstances of the case, I am inclined to grant bail to the petitioner on very stringent conditions. 6.The petitioner shall be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, 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, 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 B.A.No.5618 OF 2011 3 prosecution 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 cms