IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3293 of 2011() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2199/2010 Dated 28/03/2011 CRIME NO.258/2011 OF KILIKOLLOOR POLICE STATION) .................... PETITIONER/JUVANILE IN CONFLICT WITH LAW/2 ACCUSED --------------------------------------------------------------------- SARATH RAJ, S/O.RAJU.P., AGED 17 YEARS, MANKALUVILA VEEDU, VIKAS NAGAR-63, KARIKKODE, MANAGDU VILLAGE, KOLLAM, REPRESENTED BY HIS GRANT MOTHER LEELA. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST. 689 001. BY PUBLIC PROSECUTOR SMT.LATHA K. THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3293 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is second accused in Crime No.258/11 of Kilikolloor Police Station for the offence punishable under S.143,147, 148,341,323,302, 307 r/w.149 IPC. The offence alleged is that the petitioner along with the other accused, manhandled the de facto complainant and caused murder of the victim in this case. The accused has been in judicial custody from 1.3.2011. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail, subject to the following BA 3293/11 2 conditions: 1. The accused shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties each for the like sum to the satisfaction of the Juvenile Justice Board, Kollam. If in case the learned Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. 2. The accused shall make himself available for interrogation by the investigating officer and he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. 3. The accused shall produce his original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit BA 3293/11 3 regarding the same before the learned Magistrate . 4. The accused will also file an affidavit that he will abide by all the conditions mentioned above and that he will not commit any offence similar to the offence involved in this case and that he 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. 5. The accused and the sureties shall not leave the jurisdiction of the Principal Magistrate, Juvenile Justice Board, Kollam, without the prior permission of the learned learned Magistrate . 6. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. 7. Petitioner will furnish the correct residential address and should also make available land BA 3293/11 4 phone number/mobile number or contact number. The petitioner shall not shift his residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta BA 3293/11 5