IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6788 of 2011 CRIME NO.848 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NO.2 ------------------------------------------- SHAFEEK C.M., AGED 23 YEARS, S/O.LATE MOOSA HAJI, SHAFILAS HOUSE, KARAKKUNDU, PADNEKKAD, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6788 OF 2011 ------------------------------------------------------ Dated this the 24th 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.2 in Crime No.848 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences originally alleged against the accused are under Sections 143, 147, 148, 324, 341, 308 and 506(i) read with Section 149 of the Indian Penal Code. It is stated that subsequently some of the offences were deleted and now the offences alleged against the accused are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12.8.2011. The petitioner was arrested on 13.8.2011. 4. Smt.Sudhamani.T., the learned counsel appearing for the BAIL APPL. NO.6788 OF 2011 :: 2 :: petitioner, and Sri.Madhu, the learned counsel appearing for the de facto complainant, submitted that the disputes between the parties have been settled. They also submitted that the injury sustained by the victim is not a very serious injury. 5. 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, the present stage of investigation and the fact that the disputes between the parties have been settled, 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 Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Hosdurg, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.6788 OF 2011 :: 3 :: d) 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/