IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9046 of 2011() ----------------------------- CRIME NO.1397/2011 OF ANGAMALY POLICE STATION .................... APPLICANT/ACCUSED : --------------------------- WILSON, S/O.URUMEEZ, PALATTY HOUSE, THABORE P.O., PARAMBAYAM. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.BAIJU JOHN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, ANGAMALY POLICE STATION. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9046 of 2011 --------------------------- Dated this the 8th day of November, 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.1 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following : The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M., the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased sustained serious injuries and he succumbed to the injuries BA 9046/11 2 while undergoing treatment in the Specialists Hospital, Ernakulam. 4. Bail Application Nos.7660 of 2011 and 8343 of 2011 filed by the petitioner were dismissed by the orders dated 29th September, 2011 and 24th October, 2011 respectively. It is submitted by the learned senior counsel for the petitioner that thereafter two accused persons were arrested and the investigation has progressed. The learned State Prosecutor submitted that one more accused is yet to be arrested. It is also submitted that the petitioner is very powerful and influential and he would try to influence and intimidate the witnesses. 5. Taking into account the overall 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 with effect from 21.11.2011. The petitioner shall be released on bail only on 21.11.2011 BA 9046/11 3 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, 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 for a period of two months and thereafter on all Mondays, 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 Angamaly Police Station for a period of one month except for complying with conditions (A) & (B) ; 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. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl