IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6654 of 2011 CRIME NO.176 OF 2009 OF PUNALUR POLICE STATION, KOLLAM DISTRICT PETITIONER : ACCUSED 11 ------------------------------ SANTHOSHKUMAR @ CONTAINER SANTHOSH, S/O.ANANDAN, SANTHOSH BHAVAN, MANGALAM NAGAR, MOONNAMKUTTY, ARUNNOTTIMANGALAM, MANGADU. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6654 OF 2011 ------------------------------------------------------ Dated this the 20th 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 petitioner is accused No.11 in Crime No.176 of 2009 of Punalur Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 326, 341, 307, 109 and 120B read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 24.2.2009. The petitioner was formally arrested on 3.6.2011. 4. The prosecution case is that on 24.2.2009 at 11.45 A.M., the de facto complainant (Biju) was attacked by eight persons with deadly weapons like sword. Biju sustained serious injuries. In the BAIL APPL. NO.6654 OF 2011 :: 2 :: First Information Statement, Biju stated that accused Nos.1 and 2 and six identifiable persons attacked him. 5. The petitioner filed B.A.No.5631 of 2011 under Section 439 of the Code of Criminal Procedure, which was dismissed by the order dated 20th July, 2011. One month elapsed. The investigation has progressed much. 6. Learned Public Prosecutor submitted that the investigation is not completed and if the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. He pointed out that certain details are to be collected with reference to the telephone calls and several other details which are necessary for the completion of the investigation. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on very stringent conditions. BAIL APPL. NO.6654 OF 2011 :: 3 :: 8. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class III, Punalur, subject to the following conditions: a) The petitioner shall not enter into the limits of Punalur Police Station for a period of three months or until further orders, except for complying with conditions (d) and (e); b) The petitioner shall surrender his Passport before the Judicial Magistrate of the First Class III, Punalur. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; c) The petitioner shall not leave the territorial limits of Kollam District for a period of three months without prior intimation to the investigating officer; d) The petitioner 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; e) The petitioner shall appear before the investigating officer for interrogation as and when required; f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.6654 OF 2011 :: 4 :: h) 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 ahz/