IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10888 of 2011 ---------------------------------------- [CRIME NO.3904/2011 OF CENTRAL POLICE STATION, ERNAKULAM, ERNAKULAM DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- POULOSE, AGED 57 YEARS, S/O.PAPPU NADAR, PONGUVILA PUTHENVEEDU, PANACHUMOOD, VELLARADA, THIRUVANANTHAPURAM. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. ABDUL SALAM. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10888 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner is the accused in Crime No.3904 of 2011 of Central Police Station, Ernakulam. The offences alleged against him are under Sections 326 and 308 IPC. The incident took place on 3.12.2011 at 2.30 PM at Mullasserry Canal Road, near K.S.R.T.C.Bus stand. The allegation is that the accused with intention to commit murder of the defacto complainant gave a blow with his chopper on the neck of the defacto complainant. It was warded off by the defacto complainant with his hand causing injury on his hand. The petitioner was arrested on 7.12.2011 and since then he has been in judicial custody. Considering the gravity of the offence, the learned Magistrate rightly dismissed the bail application. 2. The learned counsel for the petitioner submits that the defacto complainant is involved in so many serious crimes. The learned counsel submits that the incident occurred when the defacto complainant tried to take away money from the pocket of BA 10888/2011 2 the accused and it was at that time the incident took place. The learned counsel further submits that considering the period of detention undergone by the petitioner, he may be granted bail. Considering all the aspects including the period of detention, the petitioner is granted bail, but only with effect from 1.1.2012 on the following conditions: 1. The petitioner shall execute a bond for Rs.1 lakh (Rs.One lakh only) with two solvent sureties for the like sum to the satisfaction of the court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. 2. The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. 3. The petitioner shall not enter the limits of Karunagappally Police Station except for compliance of the condition No.2 just mentioned above. 4. The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid BA 10888/2011 3 passport, he should file an affidavit regarding the same before the Magistrate. 5. The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. 6. The petitioner shall appear before the Investigating Officer for interrogation as and when directed. 7. The petitioner shall not get involved in commission of any offence while on bail. 8. Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the court. N.K.BALAKRISHNAN, JUDGE. srd BA 10888/2011 4 BA 10888/2011 5