IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Bail Appl..No. 8745 of 2011(E) ----------------------------------------- [CRIME NO.1165/2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- SHEBIN, S/O.SAINULABADEEN, AGED 22, MOATHEEN THARAYIL HOUSE, ERUVA MURIYIL, PATHIYOOR VILLAGE, KAYAMKULAM. BY ADV. SRI.K.R.SUNIL. RESPONDENT/COMPLAINANT: --------------------------------------------- THE S.I. OF POLICE, KAYAMKULAM POLICE STATION - 688 511, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.8745 of 2011 ---------------------------------------------------- Dated this the 28th day of October, 2011 Order The petitioner is the accused in Crime No.1165 of 2011 of Kayamkulam Police Station. The offences alleged against the accused are under Sections 436 and 427 IPC. It is alleged that on 1.9.2011 at 3 AM the accused trespassed into the residential house of the defacto complainant and broke the window glass and poured petrol into the bed room and also committed mischief by fire. The petitioner has been in custody since 9.10.2011. The learned counsel for the petitioner submits that the allegations made in the complaint are absolutely false. 2. The learned Public Prosecutor has opposed the application stating that the petitioner has trespassed into the residential house and committed all these mischiefs and there is also allegation that the accused was having illicit relationship with the wife of the defacto complainant. The defacto complainant was stated to be abroad earlier. Considering all the aspects including the period of detention undergone, the petitioner is granted bail BA 8745/11 2 but only with effect from 3.11.2011 on the following conditions: 1. The petitioner shall execute a bond for Rs.50,000/- (Rs.Fifty Thousand only) with two solvent sureties each for the like amount. 2. The sureties shall produce the attested photocopies of the title deeds besides the recent basic tax receipts. 3. Petitioner shall appear before the investigating officer on all Saturdays between 10AM and 11 AM until further orders. 4. He shall not in any way influence the witnesses and shall not leave Alappuzha District. N.K.BALAKRISHNAN, JUDGE. srd BA 8745/11 3 BA 8745/11 4