IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9573 of 2011() ----------------------------- Crime No.808 of 2011 of Tirur Police Station, Malappuram District. APPLICANT/ACCUSED ------------------------------------- AKBAR, S/O. HAMSAKOYA, CHEMPALLANTE, PURAKKAL HOUSE, KATTILAPPALLI, KUTTAYI.P.O., MALAPPURAM DIST. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, TIRUR POLICE STATION. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9573 OF 2011 --------------------------------- Dated this the 1st 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.808 of 2011 of Tirur Police Station, Malappuram District. 2.The offence alleged against the petitioner is under Section 393 of the Indian Penal Code. 3.The prosecution case is that on 25.10.2011, the petitioner trespassed into the kitchen of the house of the defacto complainant, sprinkled chilly powder on the face and body of the wife of the defacto complainant and attempted to commit theft of the gold chain worn by her. 4. The petitioner was arrested on 25.10.2011 and he B.A.No. 9573 OF 2011 2 was remanded to judicial custody.. 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 and the present stage of investigation, 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 `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-I, Tirur, 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 for a period of two months, and thereafter 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. B.A.No. 9573 OF 2011 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the 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