IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 4567 of 2010() ----------------------------- (CRIME NO.56 OF 2010 OF IDUKKI POLICE STATION) AGAINST THE JUDGEMENT/ORDER IN BA.4294/2010 .................... PETITIONERS:ACCUSED NO.1 TO 3 ------------------------------------- 1. JOSEPH,AGED 64 YEARS, S/O.OUSEPH,KULAPPURATHU HOUSE, UPPUTHODU VILLAGE. 2. MANOJ, AGED 39 YEARS, S/O.JOSEPH,KULAPPURATHU HOUSE, UPPUTHODU VILLAGE. 3. SIJO, AGED 28 YEARS, S/O.JOSEPH,OZHIKAYIL HOUSE,THOPRAMKUDY. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, IDUKKI POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------------------- Bail Application No.4567 of 2010 ------------------------------------------------- Dated this the 2nd day of August, 2010 ORDER Petitioners who are accused Nos.1 to 3 in Crime No.56 of 2010 of Idukki Police Station for offences punishable under Sections 143, 147, 148, 149, 341, 323, 326 & 307 I.P.C., seek their enlargement on bail. The occurrence took place on 10/2/2010. The first petitioner was arrested on 5/7/2010 and the second & third petitioners surrendered before the Magistrate on 7/7/2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the first petitioner, the relative conduct of the parties, the nature of the fracture of the skull sustained and the other facts and circumstances of the case, if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the first petitioner at this stage. B.A.No.4567/2010 : 2 : 4. Having regard to the nature of the offences, the duration of judicial custody of the 2nd and 3rd petitioners, the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to the 2nd and 3rd petitioners. Accordingly, the 2nd and 3rd petitioners are directed to be released on bail with effect from 16/8/2010 on each of them 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 Judicial Magistrate of the First Class-I, Idukki and subject to the following conditions: 1. The 2nd and 3rd petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd and 3rd petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3. The 2nd and 3rd petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. B.A.No.4567/2010 : 3 : 4. The 2nd and 3rd petitioners shall not commit any offence while on bail. If the 2nd and 3rd petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed in part as above. V.RAMKUMAR, JUDGE skj