IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9106 of 2011() ----------------------------- CRIME NO.95/2011 OF BALARAMAPURAM POLICE STATION CBCID CRIME NO.87/2011 .................... PETITIONER :5TH ACCUSED ------------------------------ RATHEESH KUMAR,AGED 25 YEARS, S/O.SATHEESH KUMAR,SIVASAKTHI BHAVAN, KADAVANKODU COLONY,PERUMPAZHUTHOOR, THIRUVANANTHAPURAM BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REP.BY DEPUTY SUPERINTENDENT OF POLICE HHW-1,CBCID,THIRUVANANTHAPURAM, REPRESENTING THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9106 of 2011 --------------------------- Dated this the 10th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in C.B.C.I.D. Crime No.87 of 2011 - Crime No.95 of 2011 of Balaramapuram Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 114, 120B and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : On 2.2.2011 at 9.30 P.M., accused Nos.1 and 3 hired the autorickshaw driven by the deceased. Accused Nos.2 and 4 followed the autorickshaw on two motor bikes. The autorickshaw was intercepted by them. The deceased was pulled out and he was attacked by accused Nos.1 to 4. Serious injuries were inflicted on the deceased with a chopper. He succumbed to the injuries. BA 9106/11 2 The allegation is that accused Nos.1 to 4 assaulted and murdered the deceased at the instance of and as instigated by accused No.5, who had previous enmity towards the deceased. 4. The learned counsel for the petitioner submitted that accused Nos.1 and 2 were granted bail by the order dated 2.11.2011 passed by the learned Sessions Judge. The counsel submitted that accused No.2 was arrested on the same date on which the petitioner was arrested and accused No.1 was arrested even later. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, BA 9106/11 3 Neyyattinkara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall surrender his passport before the court of the Judicial Magistrate of the First Class-III, Neyyattinkara. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioner 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 csl BA 9106/11 4