IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 407 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7881/2007 Dated 02/01/2008 CRIME NO.722/07 OF ERNAKULAM TOWN SOUTH POLICE STATION .................... : APPLICANT/ACCUSED NO.8 --------------------------------------- JIJO, AGED 24 YEARS, S/O. P.K.GOPI, PATHRAMENIYIL HOUSE, KADAVANTHRA, ERNAKULAM. BY ADV. SRI.ABRAHAM VAKKANAL SRI.PAUL ABRAHAM VAKKANAL SRI.ARUL KUMAR.P SRI.BIJIMON C.CHERIAN SRI.LOWEL CHERIAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I. OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008 ALONG WITH B.A.NO.473/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.407 & 473 of 2008 ---------------------------------------- Dated this the 25th day of January 2008 O R D E R Application for regular bail. The petitioners are accused 8,9 and 10 in a crime registered alleging offences punishable inter alia under Sections 120B and 302 I.P.C. The crux of the allegations against the petitioners is that they, along with the co- accused, were conspirators, who on account of prior animosity with the principal accused entertained against the deceased, hatched conspiracy to do away with the deceased. Armed with dangerous weapons, the conspirators allegedly proceeded to the house of the de facto complainant where the deceased was available. They allegedly went in two vehicles. The eighth accused was the driver of one of the vehicles, an autorickshaw. After locating the deceased in the house of the de facto complainant, the accused persons allegedly unleashed an attack on the victim with dangerous weapons. The de facto complainant, who tried to intervene, was also pushed aside. The deceased succumbed to injuries suffered by him at the hands of accused 1 and 2. Accused 9 and 10 who allegedly were present along with the other co-accused, restrained the de facto B.A.Nos.407 & 473/08 2 complainant from proceeding to help the deceased. So far as the eighth accused is concerned, in addition to the allegation that he was a conspirator, it is only alleged that he, an autorickshaw driver, was sitting in the autorickshaw in which the miscreants were taken to the scene of the crime. All the petitioners were arrested on 24/11/2007. They continue in custody from that date. Investigation is not complete. Two of the co-accused still remain to be arrested. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. So far as the eighth accused is concerned, except the allegation that the miscreants were taken to the scene of the crime in two vehicles including the autorickshaw driven by the eighth accused, no other specific allegations are raised. So far as Accused 9 and 10 are concerned, they are also not alleged to be guilty of any specific overt acts against the deceased. The allegation is only that they restrained the de facto complainant from proceeding to help the deceased. Of course, allegation under Section 120B has been raised against all the accused, submits the learned counsel for the petitioner . B.A.Nos.407 & 473/08 3 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioners are all conspirators and their specific overt act is not of any specific crucial significance at this early stage. The learned Public Prosecutor submits that there is a tense law and order situation in the locality. Release of the petitioners on bail at this stage would hamper the interests of a proper and efficient investigation. It would also upset the law and order situation in the locality. 4. I have considered all the relevant inputs. I am satisfied that the petitioners can now be granted bail subject to appropriate conditions which shall allay the apprehensions of the learned Public Prosecutor. 5. In the result, these petitions are allowed. The petitioners shall be released on bail on the following terms and conditions: i) Each of them shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.Nos.407 & 473/08 4 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. iii) During the said period of two months, the petitioners shall not enter the Corporation of Cochin without the prior permission of the learned Magistrate except for the purpose of complying with condition No.ii) above. (R.BASANT, JUDGE) jsr B.A.Nos.407 & 473/08 5 B.A.Nos.407 & 473/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007