IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 371 of 2010() ------------------------------------- CRIME NO.644/2009 OF THE KILIKOLLOOR POLICE STATION, KOLLAM DIST. ........ PETITIONER (S)/ ACCUSED NOS.2,3,&4. --------------------------- 1. RIFAI, S/O.BADARUDHEEN, KALACHEMBIL VEEDU, NEAT CHETTITHADAM THYKKAVU, CHATHINAMKULAM CHERRY, MANGADU VILLAGE, KOLLAM. 2. NISAMUDHEEN @ CHITTIKARAN NASS, S/O. BADARUDHEEN KALACHEMBIL VEEDU,MALAYALAM NAGAR, CHETTITHADAM, CHATHINAMKULAM, KOLLAM DISTRICT. 3. SRAJ @ SIRAJ S/O.MYTHENEKUNJU, KUNNUVILA VEEDU, CHATHINAMKULAM CHERRY MANGADU VILLAGE, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KILIKOLLOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/01/2010, ALONG WITH BA. NO.81 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 81 & 371 of 2010 ------------------------------------ Dated this the 27th day of January, 2010 O R D E R These Bail Applications are filed by accused Nos.1 to 4 in Crime No.644/2009 of Kilikolloor Police Station under Section 439 of the Code of Criminal Procedure. B.A.No.81 of 2010 is filed by accused No.1, while B.A. No.371 of 2010 is filed by accused Nos.2, 3 and 4. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 447, 323, 326 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24/11/2009 at 9.30 P.M., the accused persons trespassed in to the residential compound of the deceased and attacked him with an iron rod. The deceased sustained several injuries. He was taken to the hospital. On the next day, i.e. on 25/11/2009, he died as a result of the injuries sustained by him. 4. It is submitted by the learned Public Prosecutor that the death was due to the head injuries and the injuries on the right leg, sustained by the deceased . Accused Nos.1 and 2 were B.A. Nos. 81 & 371 of 2010 2 arrested on 30/11/2009. Accused No.3 was arrested on 1/12/2009 and accused No.4 was arrested on 10/12/2009. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, kollam subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not enter into the limits of Kilikolloor Police Station for a period of two months. B.A. Nos. 81 & 371 of 2010 3 D) The petitioners shall surrender their passports before the court of the Judicial Magistrate of the First Class- I, Kollam within a period of one week. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week. E) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. G) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm