IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10252 of 2011() ------------------------------ CRIME NO.609 OF 2011 OF BALUSSERY POLICE STATION, KOZHIKODE DT. PETITIONER/ACCUSED --------------------------- JAFFER, AGED 25 YEARS, S/O.MOIDEENKUTTY, EROTTUPOYIL HOUSE, PUTHIYOTTUMUKKU, POONATH. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.10252 OF 2011 --------------------------------- Dated this the 15th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.609 of 2011 of Balussery Police Station, Kozhikode District. 2.The offences alleged against the petitioner are under Sections 341, 326 and 308 of the Indian Penal Code. 3.The prosecution case is that on 9.11.2011, the defacto complainant while coming on motor bike was intercepted by the petitioner and he was beaten with an iron rod, on several parts of the body. The defacto complainant sustained grievous hurt. The petitioner was arrested on 14.11.2011 and he was remanded to judicial custody. B.A.No.10252 OF 2011 2 4.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 the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 30.12.2011. 5.The petitioner shall be released on bail only on 30.12.2011 on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Perambra, 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. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the B.A.No.10252 OF 2011 3 investigating officer in the matter of investigation. F) 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 cms