IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6804 of 2011 CMP.4844/2011 OF J.M.F.C.I,VARKALA CRIME NO.684 OF 2011 OF VARKKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER: ACCUSED --------------------------- APPUKUTTAN, AGED 24 YEARS, S/O. DIVAKARAN, KALLUMALA CHARUVILA VEETTIL, CHAVADI MUKKU, MUTTAPALAM DESOM, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6804 OF 2011 ------------------------------------------------------ Dated this the 26th day of August, 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.684 of 2011 of Varkala Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The petitioner and the deceased are brothers. The prosecution case is that on 2.7.2011, the petitioner attacked the deceased with the roller of a grinding stone. The petitioner was arrested on 8.7.2011 and he is in judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.6804 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Varkala, 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 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 ahz/