IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3646 of 2011() ---------------------------------- (CRIME NO. 207/2011 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .... PETITIONERS/ACCUSED A1 & A2 --------------------------------------- 1. BINU, S/O.GANGADHARAN, ROAD ARIKATHU VEEDU, NEDIYAVILA, URIYAKODU P.O., VELLANAD. 2. VIJAYARAJ, S/O.DHANAM, THEDATHARIKATHU VEEDU, KAVUMOOLA, UNDAPPARA, POOVACHAL VILLAGE. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE ---------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.207/2011 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT). BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3646 OF 2011 = = = = = = = = = = = = = = = Dated this the 17th day of May, 2011 O R D E R Petitioners are accused in Crime No. 207 of 2011 of Vilappilsala Police Station, Thiruvananthapuram. The crime was registered under Sections 341, 323, 326 r/w S. 34 of IPC. It is alleged that petitioners beat the defacto complainant with hands and knife and caused fracture on jaw etc. Learned counsel for the petitioners submits that in fact the petitioners were attacked by the other side and to support his contention he has referred to the wound certificate issued in respect of the injuries sustained by the 2nd petitioner. It is submitted that crime was registered against the defacto complainant and others. Considering the facts and circumstances following directions are issued. 2. Petitioners will surrender before the Investigating Officer on 26.5.2011 and after interrogation petitioners shall be produced before the Magistrate having jurisdiction. If further B.A. NO. 3646 OF 2011 -:2:- interrogation is not required petitioners shall be released on bail on their executing a bond for Rs.25,000/-with two solvent sureties for the like sum and on the following conditions. i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If he they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they 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. iv. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court, Thiruvananthapuram without the prior permission of the learned Magistrate. B.A. NO. 3646 OF 2011 -:3:- v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.