IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 3106 of 2010() ----------------------------- CRIME NO.159/2010 OF CHIRAYINKEEZHU POLICE STATION. .................... PETITIONERS/ACCUSED 1,4 TO 8 AND 11 ------------------------------------------------------ 1. AJI @ PERILA,S/O.PERILA,PANIKANVILAKATHU VEEDU,MUNDAKKALMURI, VAYILOOR VILLAGE, THIRUVANANTHAPURAM. 2. MANIKANTAN,S/O.BALAN,KATTUVILA PUTHEN VEEDU,MURUKKUMPUZHA DESOM, VELLOOR VILLAGE. 3. R.RETHEESH @ THAIVAN,S/O.MOHANAN, LAKSHAM VEEDU NO.26,MUNDAKKAL DESOM,VEYILOOR VILLAGE,THIRUVANANTHAPURAM. 4. RATHEESH @ KINKARAN BINU,S/O.ANTONY, LALITHA BHAVAN,MONVILA DESOM, ATTIPPARA VILLAGE, THIRUVANANTHAPURAM. 5. SANTHOSH @ POUNDAYAN,S/O.SUKUMARAN, PREESA NIVAS, MUNDAKKAL DESOM, VELLOOR VILLAGE, THIRUVANANTHAPURAM. 6. SURESH @ KANNAN,S/O.SANKARAN,SHEELA BHAVAN, HOUSE NO.191,SREEPADAM COLONY,VALIYAVEETTU MURI, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM. 7. SHAJI @ MAKKU,S/O. SANTHAN,KIZHAKKATHIL VEEDU,K.K.VANAM COLONY, CHILAMBIL DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, ALONG WITH BA NO. 3136 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J -------------------- Bail Application No.3106 Of 2010 And 3136 of 2010 ------------------------------------------------------------------- Dated this the 31st day of May 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 120(B), 143, 147, 148, 149, 201, 302 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution, petitioners (A1, A2, A4 -A8 and A11) formed themselves into an unlawful assembly with the common object of murdering deceased Binu after entering a criminal conspiracy and on 04.03.2010 at about 9.00 p.m all of them attacked the deceased with deadly weapons. They also chased him and the deceased succumbed to injuries sustained. 3. The incident happened on 04.03.2010. The petitioners except A2 were arrested on 09.03.2010. Second accused was arrested on 27.03.2010. They are in custody for the past 83 days. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, he has no objection in granting bail on stringent conditions. Bail Application No.3191 Of 2010 2 4. On hearing both sides, I am satisfied that bail can be granted to the petitioners on stringent conditions. Hence, the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M until further orders. (ii) Petitioners shall not enter the limits of the police Station within which the crime is registered, except for compliance of condition No.(i). (iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. Petition is allowed. K.HEMA, JUDGE vdv