IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6751 of 2011() ----------------------------- CRIME NO.1113 OF 2011 OF PUNALUR POLICE STATION PETITIONER/ACCUSED: -------------------- NIJU MATHEW, S/O.KUNJACHAN KOSHY MATHEW EATTIVILA VEEDU, MANJAMONKALA MURI VILAKUDY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6751 OF 2011 --------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1113 of 2011 of Punalur Police Station, Kollam District. 2.The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3.The defacto complainant is the wife of the petitioner. The petitioner was arrested on 22.7.2011 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 B.A.No.6751 OF 2011 2 the petitioner. 5.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) 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 Police Station limits of Punalur Police Station, for a period of two months, except for complying with conditions B & C ; B) 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. C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.6751 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms