IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3419 of 2010() ------------------------------------------ CMP.NO.2865/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. .... (CRIME NO.518/2010 OF SASTHAMCOTTA POLICE STATION,KOLLAM DIST.) .... PETITIONERS/2ND & 3RD ACCUSED: ----------------------------------------------------------- 1. NAJEEB, S/O.SHAHUL HAMEED KUNJU, P.P.V. HOUSE, NEAR SOMAVILASOM MARKET, NORTH MYNAGAPPALLY MURI, MYNAGAPPALLI VILLAGE. 2. KABEER, S/O.SHAHUL HAMEED KUNJU, P.P.V. HOUSE, NEAR SOMAVILASOM MARKET, NORTH MYNAGAPPALLY MURI, MYNAGAPPALLI VILLAGE. BY ADVS. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3419 of 2010 ------------------------------------ Dated this the 18th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 144, 147, 148, 447, 341, 323, 324 and 307 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners(A2 and A3) along with 10 others formed themselves into an unlawful assembly armed and with deadly weapons like chopper, iron rod and sticks assaulted de facto complainant, his two sons and nephew. 3. Learned counsel for petitioner submitted that de facto complainant, his two sons and nephew form a goonda gang and they are menace to the locality. They are involved in various criminal cases and several complaints are registered against them by the people of the locality,but they continued their criminal activities. Since second accused was close to de facto complainant, who filed a complaint against de facto complainant, he was on enimical terms with the second accused. Therefore, second accused was falsely implicated in a theft case. He is a B.A. No. 3419 of 2010 2 mental patient who needs medication. 4. De facto complainant came to the house of second accused when he was not available in the case, abused his wife and daughters. Thereafter, when de facto complainant was coming out of the house, second and third accused happened to meet him at the junction while an incident happened involving several persons, but the incident did not happen as alleged by the prosecution. The weapon which was used by de facto complainant was snatched away and in the scuffle, some injuries are sustained by the defacto complainant. Petitioner is in custody since his arrest on 25.05.2010. It is also submitted that co accused nos.7 to 9 were granted bail, as per order dated 18.05.2010 in Bail Application No. 2934/2010. 5. Learned Public Prosecutor submitted that four persons are injured in the offence. De facto complainant, his sons and nephew sustained injuries of considerable nature. As per the prosecution case, petitioners had definite motive for committing the offences. Learned Public Prosecutor however, conceded that de facto complainant is now under going detention under the B.A. No. 3419 of 2010 3 goonda Act and certain co-accused are grated bail. 6. On hearing both sides and on taking into consideration, stage of investigation and the fact that the recovery is over and that certain co-accused are on bail and other facts pointed out by petitioners counsel, I find that further detention of petitioners are not justified. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall appear before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. B.A. No. 3419 of 2010 4 iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln