IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6032 of 2011 PETITIONER : ACCUSED --------------------------- JYOTHIS @ JYOTHIS KUMAR, S/O.GOPALAN, J.C NAGAR HOUSE, ANANGOOR, KASABA VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6032 OF 2011 ------------------------------------------------------ Dated this the 16th 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 accused No.1 in Crime No.1252 of 2010 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 153-A, 308 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.12.2010, due to communal hatred the accused persons attacked the de facto complainant and caused stab injuries on him. The petitioner surrendered before Court on 11.5.2011 and he was remanded to judicial custody. 4. The petitioner filed B.A.No.5500 of 2011, which was dismissed by the order dated 13.7.2011. BAIL APPL. NO.6032 OF 2011 :: 2 :: 5. Learned counsel for the petitioner submitted that within ninety days from the date of arrest, no charge sheet was filed and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. Learned Public Prosecutor submitted that as on 11.8.2011, charge sheet was not filed. 6. 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 also the fact that within ninety days from the date of arrest, no charge sheet was filed, I am of the view that the petitioner is entitled to default bail. 7. 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, Kasaragod, 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; BAIL APPL. NO.6032 OF 2011 :: 3 :: b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kasaragod. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; d) The petitioner shall not enter into the police station limits of Kasaragod Police Station except for complying with conditions (a) and (b), till the final report is filed or until further orders; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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. The petitioner shall be released from jail only if his detention is not required in any other case. (K.T.SANKARAN) Judge ahz/