IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Bail Appl..No. 8717 of 2010() ------------------------------------------ (CRIME O.567/2010 OF MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM) .... PETITIONERS: ACCUSED: ---------------------------------------- 1. SHIBU, S/O.GOPI, A.G.NILAYAM, VALLAMCODE, KALLIYOOR P.O., THIRUVANANTHAPURAM. 2. NAZEER, PANKAJAKSHI BHAVANAM, KIZHAKKUMKARA PUTHEN VEEDU, VILANGARATHALA, KOTTAMUGAL, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SAJU J PANICKER RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 8717 of 2010 - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos.1 and 2 in Crime No.567 of 2010 of Maranalloor Police Station, Thiruvananthapuram for an offence punishable under Section 394 r/w Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 12.11.2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submitted inter alia that the first petitioner (A1) is involved in 9 cases involving various offences. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail w.e.f 19.01.2011 on his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties B.A. No.8717 /2010 : 2: each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 3.. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the first petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities and antecedents of the 1st petitioner, the sentiments of the near relatives of the victim and the other facts and B.A. No.8717 /2010 : 3: circumstances of the case, I am of the view that if the 1st petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the 1st petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the 1st petitioner at this stage. This application is allowed in part as above. V.RAMKUMAR, JUDGE. rv