IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 4016 of 2010() ----------------------------- CRIME NO.500/2007 OF KORATTY POLICE STATION, THRISSUR. .................... (S): PETITIONER/ACCUSED NO.2 ------------------------------------------- BIJU, AGED 29 YEARS, S/O.ANTHONY, POTTAKKA HOUSE, MURINGOOR, THEKKUMMURI VILLAGE, MURINGOOR, THRISSUR DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SMT.P.T.RAZEENA SRI.K.V.REJANISH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KORATTY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4016 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution, petitioner (A2) along with two others, in furtherance of common intention committed murder of one Manoj, by inflicting injuries on him, by beating with iron rod. The incident happened on 19.12.2007. 3. Learned counsel for petitioner submitted that petitioner is second accused and the only allegation is that he had beaten the deceased on his leg, which has not caused the death. The death was caused due to the injuries inflicted by first accused on the head of the deceased. The first and third accused are granted bail. Petitioner is in custody from 19.3.2010 onwards, for the past 108 days. It is not likely that the trial will be taken up in the near future. The case is scheduled to 3.12.2010 and petitioner will have to be in custody, due to delay in disposal of the case. 4. Learned Public Prosecutor submitted that petitioner BA NO. 4016/10 2 could not be arrested during the investigation stage. He was arrested only on 19.3.2010, after the charge sheet was laid. But, first and second accused could be arrested during investigation. Hence, it is likely that petitioner may abscond. Therefore, stringent conditions may be imposed while granting bail, it is submitted. 5. On hearing both sides and on considering the fact that first and third accused are on bail, I find that bail can be granted to petitioner, but stringent conditions can be imposed, since it is likely that petitioner may abscond. Hence, the following order is passed. Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Station House Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. BA NO. 4016/10 3 (ii) Petitioner shall not leave the limits of the police station, within which crime is registered till the trial is over, except with the prior permission of the court concerned. Petition is allowed. K.HEMA, JUDGE. tgs