IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9188 of 2011() ---------------------------------- CRIME NO.1397/2011 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. .................... PETITIONER/ACCUSED NO.17: --------------------------------------------- ARUN @ CHAKUTTAN, S/O.VENU, AGED 23 YEARS, CHENLEN PARAMBIL HOUSE, KARUPPANEYAM KARA, NEDUMBASSERY VILLAGE. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, THROUGH SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION. BY PUBLIC PROSECUTOR, SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.A.No.9188 OF 2011 --------------------------------- Dated this the 11th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.17 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2.The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M, the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The B.A.No. 9188 OF 2011 2 deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. 4. The allegation against the petitioner is that he purchased weapons from accused No.16, and gave them to accused No.4. 5. The petitioner was arrested on 21.9.2011. 6. As per the order dated 9th November, 2011, in Bail Application No.9083 of 2011, bail was granted to accused No.16. 7.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. 8.The petitioner shall be released on bail on his B.A.No. 9188 OF 2011 3 executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, 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 two months 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 not enter into the limits of Angamaly Police Station for a period of one month except for complying with conditions A & B; 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9188 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms