IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Bail Appl..No. 4406 of 2011() ----------------------------- CRIME NO.774/2007 OF KODUNGALLUR POLICE STATION CP.16/2011 of J.M.F.C., KODUNGALLUR .................... PETITIONER: 6TH ACCUSED ------------------------------- SHAFFEQ, AGED 27 YEARS, S/O.SHAHUL HAMEED, THIRUVNELVELIKKARAN HOUSE, ALOOR DESOM, ALOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CI OF POLICE, KODUNGALLUR POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.4406 of 2011 - - - - - - - - - - - - - - - - DATE: 13.06.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is accused No.6 in Crime No.774/2007 of Kodungallur Police Station for offences punishable under Secs.323,326,109,120(B) and 307 read with 34 I.P.C. now pending as C.P.No.16/2011 before the J.F.C.M, Kodungallur, seeks his enlargement on bail. Consequent on his jumping bail, warrants of arrest were issued against him. While so, the petitioner surrendered on 11.05.2011 and was remanded to judicial custody. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other circumstances of the case etc., I am inclined to grant bail to the petitioner but only from a future date. Accordingly, the petitioner is directed to be released on bail w.e.f 23.06.2011 on his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for B.A. No.4406/2011 2 the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The petitioner shall report before the Chief Ministerial Officer between 10 a.m. and 12 noon on all Wednesdays. 2. The petitioner shall appear before the Magistrate on all the dates of posting of the case. 3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority. 4. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 5. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. 7. The petitioner shall notify to the Court his place of residence before executing the bail bond. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 13th day of June, 2011. V.RAMKUMAR, JUDGE. sj