IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2443 of 2010() ----------------------------- CRMP.788/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.644/10 OF KILIKOLLOOR POLICE STATION, KOLLAM DIST. .................... (S): PETITIONER/5TH ACCUSED ------------------------------------------ AKBAR SHAW, S/O.ABOOBACKER, SOUPARNIKA, AYODYA NAGAR, PONGINMOODU, THIRUVANANTHAPURAM (FROM DARUSALAM, CHATHINAMKULAM, CHANDANATHOPE, KOLLAM). BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST CIRCLE, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2443 of 2010 ---------------------------------------------- Dated 17th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 447, 323, 326 and 302 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner (A5) along with four others committed various offences and committed murder of the deceased Sheriff, by beating, kicking, stabbing etc. on him, on the issue of return of Rs.20/-. The incident happened on 24.11.2009. 3. Learned counsel for the petitioner submitted that the widow, mother and sister of the deceased Sheriff were witnesses to the incident and the widow of the deceased lodged the F.I. statement. In the F.I. statement, the petitioner's name is not mentioned. The names of A1 to A4 are stated in the F.I. statement and the respective overt acts are also mentioned in Annexure I F.I.R. But, there is absolutely no allegation therein that the petitioner was involved in the offence. Later, on 1.4.2010, the petitioner was arrested and he is falsely implicated, it is submitted. He also submitted that the co-accused, A2, A3 BA NO. 2443/10 2 and A4 were granted bail by this Court, as per order dated 27.1.2010 in Bail Application Nos.81 and 371 of 2010. The petitioner is in custody for the past 47 days. 4. Learned Public Prosecutor submitted that it was revealed in investigation that the petitioner is also involved in the offences and according to prosecution, he had chased the deceased along with the 3rd accused and attacked him using sticks. It is conceded that in the F.I. statement, the petitioner's involvement is not mentioned. Since the co-accused are granted bail, he has no objection in granting bail to the petitioner on the same conditions. 5. On hearing both sides, I am satisfied that the petitioner can also be granted bail on the same conditions and hence the following order is passed : Petitioner is granted bail on his executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the Magistrate concerned, on the following conditions : i. Petitioner shall report before the Investigating Officer between 9 a.m. and 1 p.m. on all Mondays and Thursdays till the final report is filed or until BA NO. 2443/10 3 further orders. ii. Petitioner shall not enter the limits of the Kilikolloor Police Station except for compliance of condition No.(i). iii. Petitioner shall surrender the passport before the Magistrate concerned or file an affidavit, if he is not in possession of the passport, within one week. iv. Petitioner shall not influence prosecution witnesses or tamper with evidence. v. Petitioner shall not commit any offence while on bail. vi. If any of the above conditions are violated, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs K.HEMA, J ---------------------------------------------- Bail Application No.2443 of 2010 ---------------------------------------------- O R D E R Dated 17th May, 2010.