IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6285 of 2008() ----------------------------- CMP.2740/2008 IN CRIME NO.457/08 OF NOORANAD POLICE STATION .................... PETITIONERS/ACCUSED A1 TO A5 ------------------------------------------------ 1. ANIL, AGED 29 YEARS, S/O.GOPALAKRISHNAN, ANIL BHAVANAM, KARIMULAKAL MURI, CHUNAKARA VILLAGE. 2. VIVEK GOPI, AGED 22 YEARS, S/O.GOPI, CHIRAVARAMBIL VEEDU, KARIMULAKAL MURI, CHUNAKARA VILLAGE. 3. PRADEEP @ APPUKKA, AGED 22 YEARS, S/O.SIVANKUTTY, VEMBANATTU VEEDU, KARIMULAKAL MURI, CHUNAKARA VILLAGE. 4. SUNIL @ DHANESH, AGED 22 YEARS, S/O.DAMODARAN, RESIDING AT KOCHAYYATHU THEKKETHIL, PEROOR KAREZHMA MURI, THAMARAKULAM VILLAGE FROM LAKSHAMVEEDU COLONY, KARIMULAKAL MURI, CHUNAKKARA VILLAGE. 5. ANOOP @ KUNCHI, AGED 24 YEARS, S/O.DIVAKARAN, THANAPARAMBIL EDAPPURA VEEDU, KARUMULACKAL MURI, CHUNAKKARA VILLAGE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.S.ANISH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6285 of 2008 ------------------------------------------------- Dated this the 16th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 307 and 34 IPC. According to prosecution, petitioners in furtherance of common intention, attempted to commit murder of the defacto complainant and also caused grievous injuries to him, by cutting with sword etc. The incident occurred on 14.9.2008. The first accused was arrested on 16.9.2008 and others were arrested on 20.9.2008 and they are in custody since then. 3. Learned public prosecutor submitted that A1 and A3 committed the crime in this case, while they were on bail in another crime No.432/08 which was registered under Sections 324, 308 IPC etc. Therefore, he strongly opposed granting bail to the first and the third accused. Regarding other accused, he has no objection in granting bail, but, stringent conditions may be imposed, it is submitted. Hence, the following order is passed: (1) The request for bail by the first and the third accused is rejected. BA No.6285/08 2 (2) Accused nos.A2, 4 and 5 are granted bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions. (i) Petitioners shall report before the Circle Inspector of Police, Mavelikkara on every Monday, Wednesday and Saturday 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 with prior permission of the learned Magistrate. (iii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl