IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 99 of 2010() --------------------------- CMP.5077/2009 of J.M.F.C.-II,HOSDRUG CRIME NO.88/08 OF VELLARIKUNDU POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED: ---------------------------------------- SREEJITH, S/O.JAYA, NATTAKKLU, MALOM VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.99 of 2010 --------------------------------------------- Dated this the 20th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.88 of 2008 of Vellarikundu Police Station. 2. The offences alleged against the petitioner are under Sections 452, 341, 354, 324, 308 and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 1.6.2008. The allegation is that the petitioner caught hold of the de facto complainant and stabbed her. She sustained serious injuries. The petitioner could not be arrested as he was absconding. The petitioner surrendered before court on 23.12.2009 and he was remanded to judicial custody. 4. 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 stringent conditions. BA No.99/2010 2 The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, 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 Thursdays, 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; c) The petitioner shall not enter into the limits of Vellarikundu Police Station for a period of two months; d) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-II, Hosdurg within a period of one week. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 csl