IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5175 of 2011 CRIME NO.647 OF 2011 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT. CMP.3440/2011 OF J.M.F.C.,VADAKARA PETITIONER: ACCUSED: -------------------- SANITH N.M. @ JITHU,S/O.PAVITHRAN AGED 23 YEARS, EDALOTTUMMAL HOUSE MAIKULANGARA THAZHA, VILLIAPPALLY AMSOM DESOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAIKNANT/STATE: --------------- 1. THE SUB INSPECTOR OF POLICE VADAKARA POLICE STATION 673 021. 2. STATE REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5175 OF 2011 ------------------------------------------------------ Dated this the 4th day of July, 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.647 of 2011 of the Vatakara Police Station, Kozhikode District. 2. The offence alleged against the petitioner are under Sections 341, 324, 308 and 506(ii) of the Indian Penal Code. 3. The prosecution case is that on 15.6.2011, the petitioner committed the offence. He unlawfully restrained the defacto complainant and attacked him with a knife. The defacto complainant sustained injuries on his hand and neck. The injuries are not grievous in nature. The petitioner was arrested and he was produced before the learned Magistrate on 17.6.2011. The petitioner was remanded to judicial custody. The investigation is in progress. B.A. NO. 5175 OF 2011 :: 2 :: 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Vatakara, subject to the following conditions: a) The petitioner shall not enter into the territorial limits of the Vatakara Police Station for a period of one month, except for the purposes mentioned in conditions (b) and (c). b) 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. c) The petitioner shall appear before the investigating officer for interrogation as and when required. d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. NO. 5175 OF 2011 :: 3 :: e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. f) 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/