IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3461 of 2011() --------------------------------------------- CRIME NO.470/2011 OF KADAKKAL POLICE STATION IN KOLLAM DISTRICT .... PETITIONER (S): ACCUSED ----------------------------------------- 1. RASI, S/O.RAHIM, RIYAS MANZIL, PALLIKKUNNUMPRAM, CHITHARA P.O., KOLLAM DISTRICT. 2. BINU, S/O.RAJU, KUNNUMPURATHU VEEDU, KOCHUMULLIKKADU, CHITHARA P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3461 OF 2011 = = = = = = = = = = = = = = = Dated this the 20th day of May, 2011 O R D E R Petitioners are accused in Crime No. 470 of Kadakkal Police Station, Kollam. It was registered under Sections 308, 427, 323, 324 r/w S.34 IPC. This application is for pre- arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. It is alleged that the petitioners and others attacked the defacto complainant and caused hurt to them with intend to commit culpable homicide. Learned counsel for the petitioners submits that these petitioners were arrayed as accused based on the confession of some of the other accused persons. It is not a case where they should be granted anticipatory bail but however the following directions are issued. 3. The petitioners will appear before the investigating officer on 26.5.2011 or 27.5.2011. The investigating officer B.A. NO. 3461 OF 2011 -:2:- after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail application filed by the petitioners will pas appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Kollam District without the prior permission of the learned Magistrate. B.A. NO. 3461 OF 2011 -:3:- v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN,JUDGE. ul/-