IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7338 of 2009() ------------------------------------- CRMP.3181/2009 of J.M.F.C.-II, ALUVA CRIME NO. 1108/2009 OF KALAMASSERY POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- T.M.JINTO @ JAIMON, S/O.T.G.MOHANAN, AGED 25 YEARS, THENGAMAL VEEDU, ON THE NORTH OF OZHUKACITY BRIDGE, KATHIPPARA KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. (A2). BY ADVS. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.I OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7338 of 2009 ------------------------------------ Dated this the 10th day of December, 2009 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.2 in Crime No. 1108/2009 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Sections 449, 394 and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 23.07.2009 at 7.50 A.M., when the deceased opened his son's shop, namely, 'New Mobile Planet' situated at Beerakutty road at Kalamassery, the accused persons entered into the shop as if they were customers. The accused persons requested for mobile recharge coupons. When the deceased was about to take the coupons kept in a bag, the second accused pulled down the shutters of the shop and closed the shop. The first accused inflicted injuries on the deceased with a chopper. The deceased died on the spot. The accused persons took away the money and Mobile phones kept in the shop. B.A. No. 7338 of 2009 2 4. The petitioner was arrested on 11.08.2009 and he was remanded to judicial custody on 12.08.2009. The application filed by him for bail was dismissed by the learned Sessions Judge, as per the order dated 24.11.2009. 5. It is submitted by the learned Public Prosecutor that after completing the investigation, the charge sheet was filed before Court. 6. It is submitted by the learned counsel for the petitioner that since the investigation is completed, there is no reason why the petitioner should be kept under detention. It is submitted that the petitioner is prepared to comply with any condition that may be imposed by the court. 7. The learned Public Prosecutor vehementally opposed the Bail Application. He submitted that accused Nos.1 and 2 are the accused in Crime No.129/2008 of Vellathooval Police Station for the offence under Section 379 read with Section 34 of the Indian Penal Code. They are also the accused in Crime Nos.470/2008 and 471/2008 of Adimali Police Station, where the offence alleged was under Section 379 read with Section 34 of the Indian Penal Code. It is also submitted that the first B.A. No. 7338 of 2009 3 accused is an accused in Crime No.221/2008 of Vellathooval Police Station, wherein the offence alleged is under Section 379 of the Indian Penal Code. The learned Public Prosecutor submitted that the offence in the present case was committed after pre-meditation with the intention of committing robbery. The deceased was not on inimical terms with the accused persons. The deceased was the President of Vattekkunnam Juma Masjid for the last 36 years. The deceased was very popular among the people of the locality and he was acceptable to all. The learned Public Prosecutor submitted that if the petitioner is released on bail, he is likely to indulge in similar criminal activities. It is also submitted that he would terrorise and intimidate the witnesses, which would adversely affect the proper trial of the case. 8. The learned counsel for the petitioner submitted that the mother of the petitioner is seriously ill and that she is admitted in a hospital. Criminal Miscellaneous application No. 6784/2009 is filed by the petitioner stating that his mother was admitted in Theni Medical College for treatment. She was transferred to Medical College, Thiruvananthapuram. It is B.A. No. 7338 of 2009 4 stated that her condition is very serious and at present she is admitted in a “local hospital in Adimali”. It is submitted by the learned counsel for the petitioner that the mother of the petitioner is admitted in the Government Hospital, Adimali at present. She is stated to be in her death bed. 9. The learned Public Prosecutor, on written instructions, submitted that for the last 10 years, the petitioner had no contact with his family and that he never used to go to his family house. 10. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner. I am also inclined to accept the submission made by the learned Public Prosecutor as mentioned above. The Bail Application is accordingly dismissed. 11. Even if Bail Application is to be dismissed, that does not mean that the petitioner should be prohibited from visiting his mother, who is alleged to be on her death bed. The Superintendent of Jail, Sub Jail, Aluva shall make B.A. No. 7338 of 2009 5 arrangements to take the petitioner with sufficient security arrangements to Government Hospital, Adimaly to enable the petitioner to see his mother. Such arrangements shall be made immediately on receipt of a copy of this order. The Superintendent of Jail, Sub Jail, Aluva shall also make arrangements to take the petitioner with sufficient security, if occasion arises to the petitioner to perform any compulsory religious functions in relation to his mother. If the petitioner is to be taken out of jail, he shall be taken back to Jail at the earliest with sufficient security. The Bail Application is dismissed with the above directions. K.T. SANKARAN, JUDGE ln