IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 662 of 2010() ------------------------------------- CRMP.186/2010 of I ADDL. DISTRICT COURT, KOLLAM CRIME NO.15/2010 OF ANCHALUMMOODU POLICE STATION, KOLLAM. .................... PETITIONERS/ACCUSED: --------------------------------------- 1. VINAYAN, AGED 23, S/O. PRABHAKARAN, VINAYA BHAVAN, CHERUKADU CHERRY, PANAYAM VILLAGE. (KOLLAM DISTRICT, 6TH ACCUSED). 2. SABU, AGED 22, S/O. BABU, ROAD VILA PUTHEN VEEDU, CHARUKADU CHERRY, PANAYAM VILLAGE, KOLLAM DISTRICT. (7TH ACCUSED). 3. PRAJEESH, AGED 26, S/O. SUKESHAN, MALAVILAVEEDU, LEKSHAM VEEDU, CHARUKADU CHERRY, PANAYAM VILLAGE, KOLLAM DISTRICT. (10TH ACCUSED). 4. AJEESH, AJESH BHAVAN, CHERUKADU CHERRY, PANAYAM VILLAGE, KOLLAM DIST. (11TH ACCUSED). 5. ANEESH, AGED 26, S/O. KUNJAYYAPPAN, CHARUKADU CHERRY, PANAYAM VILLAGE, KOLLAM DISTRICT. (12TH ACCUSED). BY ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 662 of 2010 ------------------------------ Dated this the 9th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.6,7, 10, 11 and 12 in Crime No.15/2010 of Anchalummoodu Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 324, 427 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that the accused persons, 35 in number, armed with deadly weapons forcibly entered into the house of the de facto complainant in order to commit his murder. It is alleged that the de facto complainant sustained serious injuries. It is also alleged that there was political enmity between two groups of people, which resulted in the incident. 4. Accused Nos.7 and 10 were arrested on 6/1/2010 and accused Nos.6,11 and 12 were arrested on 8/1/2010. 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 B.A. No. 662 /2010 2 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 Anchalummoodu Police Station for a period of one month, except for complying with conditions A and B. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners 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 scm