IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8165 of 2011() ----------------------------- CRIME NO.675/2011 OF POOYAPPALLI POLICE STATION, KOLLAM .................... PETITIONER/1ST ACCUSED -------------------------------- VIJAYAN PILLAI, AGED 37 YEARS, S/O. RAMAN NAIR, CHOOLAYIL THEKKAEKKARA PUTHEN VEEDU, KATTAYIL, ODANAVATTOM VILLAGE, KOTTARAKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.PRATHAPACHANDRAN PILLAI SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.NAVIN M.EASOW RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, EZHUKONE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, ALONG WITH B.A.NO.8287/2011 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.Nos.8165, 8287 8372 & 8185 of 2011 --------------------------- Dated this the 25th day of October, 2011 O R D E R These Bail applications are filed under Section 439 of the Code of Criminal Procedure by accused Nos.1 to 4 in Crime No.675 of 2011 of Pooyappally Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149 and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : The deceased was a driver in a private bus. After the work was over, the friend of the deceased went to a nearby shop to purchase soda and other articles. At that time, the accused persons, who were there, demanded that they should be served first. This resulted in a quarrel. The accused persons tried to assault the friend of the deceased. The deceased questioned the same and at that time, the accused persons assaulted the deceased. He BA Nos.8165/11 & conn. cases 2 sustained injuries. The deceased succumbed to the injuries on 23.8.2011. 4. Accused Nos.1 to 4 were arrested respectively on 28.8.2011, 29.8.2011, 29.8.2011 and 28.8.2011 and they were remanded to judicial custody. 5. The learned counsel for the petitioners submitted that the facts and circumstances would clearly indicate that even if the allegations are taken as true, it could be seen that it was not a premeditated murder. The learned Public Prosecutor submitted that the investigation is not over and if the petitioners are released on bail, they would try to influence and intimidate the witnesses. The learned Public Prosecutor also submitted that the petitioners are very influential persons in the locality and the witnesses are afraid of them. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of BA Nos.8165/11 & conn. cases 3 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakkara, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not enter into the limits of Pooyappally Police Station for a period of two months ; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BA Nos.8165/11 & conn. cases 4 F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN JUDGE csl