IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Bail Appl..No. 2121 of 2011(D) ------------------------- Crime No. 270 of 2011 of Paravur Police Station, Kollam District PETITIONERS/ACCUSED NOS.5 & 6: ----------------------------- 1. NISSAR, AGED 20, S/O.ABDUL MAJEED, KOONIKKAZHIKOM VALIYA VEEDU, NEAR CHILLAKKAL MOSQUE, KONGAL CHERRY, KOTTAPPURAM VILLAGE, S.PARAVUR P.O., KOLLAM DISTRICT. 2. MOHAMMED SABI AS NAMED IN THE FIR AND REMAND APPLICATION HAVING ORGINAL NAME AS ZAKKARIYA @ CHAKKARIYA, AGED 32 YEARS, S/O.ABDUL AZEEZ, KUNNATHU VEEDU, POZHIKKARA CHERRY, PARAVUR VILLAGE, S.PARAVUR P.O., KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM DISTRICT. Public Prosecutor Sri. C.S. Hrithwik THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 2121 of 2011 - - - - - - - - - - - - - - - - DATE: 7-4-2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos. 5 and 6 in Crime No. 270 of 2011 of Paravur Police Station, Kollam for offences punishable under Sections 143, 147, 148, 294 (b), 324, 326 and 307 read with Sec. 149 I.P.C. seek their enlargement on bail. The petitioners were arrested on 5-3-2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. In the case of the 2nd petitioner who is arrayed the 6th accused the report dated 1-4-2011 by the J.F.C.M. S. Paravur, shows that the real name of the 2nd petitioner is Sacharia and not Mohammed Sabi and 2nd petitioner was arrested and remanded by way of mistaken identity. He shall, therefore, be released on his personal bond without any sureties, immediately. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the Ist petitioner (A5) the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the Ist petitioner only with effect from a future date. Accordingly, the first petitioner is directed to be released on bail with effect from 16-04-2011 on his executing a bond for ` 25,000/- B.A. No. 2121 of 2011 (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The first petitioner (A5) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first petitioner (A5) 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. 3. The first petitioner (A5) shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 4. The first petitioner (A5) shall not establish any contact with any of the witnesses or accused in the case. 5. The first petitioner (A5) 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 first petitioner (A5) shall not commit any offence while on bail. 7. The first petitioner (A5) shall notify to the Court his place of residence before executing the bail bond. B.A. No. 2121 of 2011 If the The first petitioner (A5) commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above directing immediate release of the 2nd petitioner on self bond forthwith and directing release of the first petitioner with effect from 16- 04-2011. Dated this the 7th day of April, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge