IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9361 of 2011() ----------------------------- CMP.6006/2011 of J.M.F.C.-II, KOLLAM CRIME NO. 751/2011 OF KOLLAM EAST POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------ RATHEESH @ CC KUTTAN, AGED 28 YEARS, S/O.OMANAKUTTAN, RATHEESH BHAVANATHIL, PULLIKADA COLONY MC NO.52, CANTONMENT NORTH WARD, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.PRATHEESH.P SRI. K.SIJU RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9361 of 2011 ---------------------------------------------- Dated this the 18th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.751 of 2011 of Kollam East Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323, 324, 506(ii) and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 29/06/2011, the accused persons attacked and manhandled the de facto complainant. Accused No.1 hit on the head of the de facto complainant with an iron rod. The other accused also attacked him with fire wood. Accused Nos.2 and 3 are the mother and sister of the first accused. 4. The petitioner was arrested on 24/10/2011 and he was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the petitioner is involved in several other crimes registered in 2010 and 2011 in the same Police Station. He gave the details Bail Appln.No.9361/2011 : 2 : of the five cases registered against the petitioner. It is submitted that the petitioner is notoriously known as 'CC Kuttan' and that due to the illegal activities of the petitioner, the peace in the area was disturbed on several occasions. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 30/11/2011. 7. The petitioner shall be released on bail with effect from 30/11/2011 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, Kollam, 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 the Thursdays for a period of two months and thereafter on 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; Bail Appln.No.9361/2011 : 3 : 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) 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 skj