IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6071 of 2010() ----------------------------- CRMP.5022/2010 of J.M.F.C.-I, MAVELIKKARA .................... (CRIME NO.244/2010 OF KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT) ....... PETITIONERS/ACCUSED: --------------------------------------- 1. KENNY, S/O.BALACHANDRAN, AGED 23 YEARS, VALIYAVILAYIL VEEDU, VATHIKULAM MURI, THEKKEKKARA VILLAGE. 2. BALACHANDRAN, VALIYAVILAYIL VEEDU, VATHIKULAM MURI, THEKKEKKARA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.244/2010 OF KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT). BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 6071 of 2010 - - - - - - - - - - - - - - - - DATED: 4th October, 2010 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. 244 of 2010 of Kurathikadu Police Station, Alappuzha for offences punishable under Sections 449,323, 341, 324, 506 (ii), 307, 302 and 201 read with Sec. 34 I.P.C. seek their enlargement on bail. Petitioners were arrested on 11-7-2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application contending inter alia that the first petitioner (A1) is the person who inflicted fatal injuries on the deceased aged 31 years with the knife on account of previous enmity and it was a pre-planned murder and A1 is involved in five other cases. Having regard to the nature of the allegations levelled against the first petitioner, and the other facts and circumstances of the case, I am not inclined to grant bail to the first petitioner at this stage. B.A. No.6071 of 2010 Accordingly, the prayer of the first petitioner is rejected. 3. Having regard to the nature of the offences alleged against the 2nd petitioner the duration of judicial custody undergone by him, the conclusion of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner from a future date. Accordingly, the 2nd petitioner is directed to be released on bail with effect from 7-10-2010 on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. I, Mavelikkara , and subject to the following conditions: - 1. The 2nd petitioner shall report before the Chief Ministerial Officer of J.F.C.M.I, Mavlikkara ( Committal Court) between 10 a.m. and 12 noon on all Wednesdays and then after committal he shall report before the Chief Ministerial Officer of the Addl. Sessions Court, between 10 a.m. and 12 noon on all Wednesdays unless exempted by the respective Court. 2. The 2nd petitioner shall not enter the limits of Kurathikadu Police Station until further l orders to be passed by the appropriate Court. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he B.A. No.6071 of 2010 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. This application is partly allowed. Dated this the 4th day of October, 2010. V.RAMKUMAR, JUDGE. ani.