IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 7963 of 2008() ------------------------------------ CMP.9288/2008 of J.M.F.C., KODUNGALLUR CRIME NO.667/2008 OF KODUNGALUR POLICE STATION .................... PETITIONERS/ACCUSED NOS.3 AND 4 : ------------------------------------------------ 1. GIREESH @ KALLADAN, S/O.RAJAPPAN NAIR, AMBATT HOUSE, PERINJANAM. 2. XAVIER @ ACHAYAN, W/O.THOMAS, PALLIPATT HOUSE, THEKKOODAM BAZAR, P.VEMBALLUR. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT/COMPLAINANT/STATE : --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH DGP SRI.V.G.GOVINDAN NAIR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7963 OF 2008 ------------------------------ Dated this the 14th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120B, 341, 302 read with 34 of IPC. According to prosecution, petitioners along other accused formed into an unlawful assembly and due to political vengeance, assaulted defacto complainant and committed murder. The incident occurred on 30.06.2008. 3. Petitioners are accused nos.3 and 4 in the crime. Learned counsel for petitioners submitted that petitioners were arrested on 28.10.2008 and 21.11.2008 respectively. But their names are not mentioned in the F.I.R. and they were falsely implicated subsequently, it is submitted. In the F.I.R., names of various 6 persons were shown. The present allegations is that those 6 accused, who are mentioned in the F.I. Statement have not taken part in the incident but some other persons have committed the overt acts. Various persons are included in the array of accused. It is also pointed that other co-accused (accused nos.1 and 5) are granted bail by B.A.No.7963 of 2008 2 this court. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but the contentions raised by the defence are denied. Stringent conditions may be imposed while granting bail, tensed situation is prevailing in the locality even now. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioners shall report before the investigating officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. B.A.No.7963 of 2008 3 (ii) Petitioners shall not enter the limits of the police station within which crime is registered except for compliance of direction in clause no.(i). (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac