IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 4313 of 2010() ----------------------------- CRIME NO.406/10 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM. .................... (S): PETITIONER/ACCUSED -------------------------------------- RAJAN @ PRAVEEN, AGED 29 YEARS, S/O.GOPI, THULASI MANDIRAM, KAPPIVILA, KACHANI DESOM, PEROORKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.R.GOPU SRI.J.NARAYANA PILLAI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4313 of 2010 ---------------------------------------------- Dated 27th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 120B and 302 read with Section 34 of the Indian Penal Code. According to prosecution, on 2.5.2010 at about 10.45 p.m., accused nos.1 to 4 assembled in the house of 4th accused and hatched a criminal conspiracy to commit murder of deceased Sunil Kumar. Thereafter, all of them, in furtherance of common intention, assaulted deceased, by using weapons, after blocking the motor cycle which he was riding, and he succumbed to the injuries. 3. Learned counsel for petitioner submitted that petitioner is the second accused. He is not involved in any other crime. He has not committed the offence in this case, but, he was trapped into the case without any basis. Petitioner was arrested on 6.5.2010 and he is in custody for the past 87 days. It is further submitted that there was a clash between two groups of sand mafia and petitioner has nothing to do with it. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, he has no objection in granting bail on stringent conditions. However, it is pointed out BA NO.4313/10 2 that first and fourth accused in this case are involved in various crimes of similar nature and also in illegal sand mining. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner 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 witness or tamper with evidence. (iv) In case petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs