IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6928 of 2011 CRIME NO.393 OF 2011 OF OTTAPALAM POLICE STATION, PALAKKAD PETITIONER/ACCUSED NO.1 ------------------------------------------- SULFIKKER, S/O.KABEER, AGED 30 YEARS, MANCHINGATHODI VEEDU, R.S. ROAD, OTTAPALAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6928 OF 2011 ------------------------------------------------------ Dated this the 31st 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.393 of 2011 of Ottapalam Police Station, Palakkad District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 323, 324 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 8.7.2011, the accused persons, seven in number, attacked the de facto complainant and others with deadly weapons at the premises of Aramana Bar at Ottapalam with an intention to kill them. The de facto complainant and others sustained serious injuries including stab injury. 4. The petitioner was arrested on 11.7.2011. Accused Nos.2, 3 and 4 were granted bail by the learned Sessions Judge as per the BAIL APPL. NO.6928 OF 2011 :: 2 :: order dated 18.8.2011. However, by the same order, the application filed by the petitioner for the grant of bail was rejected. 5. The learned Public Prosecutor submitted that the petitioner is involved in several crimes and that he was also detained under the Kerala Anti-social Activities Prevention Act. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner as on this date. However, taking into account 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 with effect from 12.9.2011. 7. The petitioner shall be released on bail only on 12.9.2011 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, Ottapalam, 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 and Thursdays, till the investigation is over; BAIL APPL. NO.6928 OF 2011 :: 3 :: b) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Ottapalam. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; c) The petitioner shall not enter into the police station limits of Ottapalam Police Station for a period of two months, except for complying with conditions (a) and (d); d) The petitioner shall appear before the investigating officer for interrogation as and when required; 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. (K.T.SANKARAN) Judge ahz/