IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6126 of 2011() ----------------------------- CRIME NO.163/2011 CHEEMENI POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------ 1. BALACHANDRAN.G, AGED 57 YEARS, S/O.GOPALAKURUP, CHARUVILA (H), NELLUR, ALAPPATAMBA VILLAGE, KASARGODE. 2. UDAYAKUMAR.C @ UDAYAN, AGED 33 YEARS, S/O.BALACHANDRAN, NELLUR, ALAPPATAMBA VILLAGE, KASARGODE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6126 of 2011 --------------------------- Dated this the 11th 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 petitioners are accused Nos.1 and 2 in Crime No.163 of 2011 of Cheemeni Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 307 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 9.7.2011 at 9.15 P.M., the friend of the de facto complainant was attacked by the accused at a wedding reception. It is alleged that accused No.1 stabbed on the neck of the victim and accused No.2 hit him with a stick. Accused No.2 is the son of accused No.1. The victim was admitted in the hospital at Mangalore and he was discharged on 14.7.2011. It is stated that the victim was in the BA 6126/2011 2 Intensive Care Unit. 4. The learned counsel for the petitioners submitted that the daughter of accused No.1 was working in a computer centre run by the victim. It is alleged that she was sexually harassed by the victim. It is stated that subsequently when a complaint was filed by the daughter of accused No.1, her services at the computer centre were terminated by the victim. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. The petitioners were arrested on 11.7.2011. The investigation has progressed considerably. 7. Taking into account the peculiar facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. BA 6126/2011 3 The petitioners shall be released on bail on their executing bond for ` 25,000/- each 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 petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; E) 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 csl