IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1216 of 2011(B) ------------------------------------------ [CRIME NO.321/2010 OF THE VENGARA POLICE STATION, MALAPPURAM DISTRICT] .............. PETITIONERS/ACCUSED 3 & 7: -------------------------------------------- 1. SHIBU POULOSE @ SHIBU SINGH @ THADEVOOS, AGED 43 YEARS, S/O.POULOSE, OLATTUPURATH HOUSE, THURUTHIPURAM, PUTHENVELIKKARA, ERNAKULAM. 2. JOJU T.S. @ THABIDI JOJU, S/O.FRANCIS, AGED 24 YEARS, THARAYIL HOUSE, THURUTHIPURAM, PUTHENVELIKKARA, ERNAKULAM. BY ADV. SRI.G.MAHESH KUMAR. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B. A. No. 1216 of 2011 - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2011. O R D E R In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.3 and 7 in Crime No.321 of 2010 of Vengara Police Station for offences punishable under Section 399 I.P.C and Section 25 of the Arms Act, seek their enlargement on bail. The petitioners were arrested on 06.12.2010. 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 petitioners who belong to Ernakulam were found in Malappuram District during odd hours of the night and were found in possession of deadly weapons like swords, iron rods, gloves, plastic ropes, plasters, chilly powder, knife etc. and had come there for obtaining hawala money and that the 1st petitioner (A3) is involved in a murder case also. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the 1st petitioner, the relative B.A. No. 1216/2011 : 2: conduct of the parties, the extent of the injury sustained, the propensities of the 1st petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the 1st petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the 1st petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the 1st petitioner at this stage and his request for bail is rejected. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail w.e.f 03.03.2011 on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The 2nd petitioner (A7) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A. No. 1216/2011 : 3: 2. The 2nd petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he 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 allowed in part as above. V.RAMKUMAR, JUDGE. rv