IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3640 of 2010(D) ------------------------------------------ (CRIME NO. 287/2010 OF VATANAPPILLY POLICE STATION) .................... PETITIONERS/ACCUSED NOS.1,2 & 3: ------------------------------------------------------ 1. ABHIMANUE, 58 YEARS, S/O.KOCHAPPAN, ITHIKKATT HOUSE, DUBAI ROAD, VATANAPPALLY BEACH, VATANAPPALLY VILLAGE, THRISSUR DISTRICT. 2. VIKRAMAN, 46 YEARS, S/O.KOCHAPPAN, ITHIKKAT HOUSE, VATANAPPALLY BEACH, VATANAPPALLY VILLAGE, THRISSUR DISTRICT. 3. AROOP, 24 YEARS, S/O.ABHIMANUE, ITHIKKAT HOUSE, DUBAI ROAD, VATANAPPALLY BEACH, VATANAPPALLY VILLAGE. BY ADVS. SRI.N.K.UNNIKRISHNAN, SRI.VINOD KUMAR.C. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, VATANAPPALLY POLICE STATION, THRISSUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.I.OF POLICE, VALAPAD, THRISSUR DISTRICT, (CRIME NO.287/2010 OF VATANAPPALLY POLICE STATION, THRISSUR DISTRICT.) R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3640 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 302 read with Section 34 of the Indian Penal Code. According to prosecution, accused nos.1 to 4 in furtherance of their common intention to attack the deceased Vinil, assaulted him by using dangerous weapons and caused serious injuries to him and he succumbed to the injuries, on the way to hospital. The incident happened on 2.05.2010 at about 10.45 P.M. Petitioners are accused nos. 1 to 3. 3. Petitioners were arrested on 07.05.2010 and they are in custody for the past 42 days. Learned counsel for petitioners submitted that in the morning of the date of occurrence in this case, the autorickshaw of the second accused was damaged by some workers of B.J.P. He lodged a complaint before the police and a crime was registered as Crime No. 283/2010. Infuriated by the complaint made by the second accused, deceased Vinil, who is a leader of B.J.P, who was residing 12 kms away from place of occurrence came along with six other persons armed with deadly B.A. No. 3640 of 2010 2 weapons and assaulted fourth accused, who is brother of second accused. Fracture was caused to both his legs. Injuries were also caused to the face and neck of the 4th accused. He underwent two operations and he is still in the hospital and not so far arrested in this case. Accused nos. 1, 2 and 4 are brothers and third accused is first accused's son. Accused nos. 1 to 3 rushed to the scene while assaulting escaped. The incident happened in between the house of second and 4th accused. 4. Learned Public Prosecutor submitted that if the petitioners are allowed to enter the limits of the police station, it is likely that some untoward incident will happen. Petitioners are not involved in any other crime, but as per instructions, there is an order against the deceased Vinil under the KAAP Act, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- with two solvent B.A. No. 3640 of 2010 3 sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Dy.S.P., Irinjalakuda on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except with the prior permission of the learned Magistrate. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln