IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6468 of 2009() -------------------------------------- CRIME NO. 1111/2009 OF KARUNAGAPALLY POLICE STATION ....................... PETITIONERS/ACCUSED 1 TO 5 : ---------------------------------------------- 1. NIDHIIN MOHAN, S/O. MOHANAN, DEVI SADANAM, KAVUMBA DESOM, THIRUVANGODE VILLAGE, THALASSERI TALUK, KANNUR. 2. SUJEESH, S/O. BOSE, WINSOME HOUSE, KAVUMBA DESOM,THIRUVANGODE VILLAGE, THALASSERI TALUK, KANNUR. 3. RAJIL, S/O. RAGHAVAN, JASEETHA NIVAS,KAVUMBA DESOM,THIRUVANGODE VILLAGE, THALASSERI TALUK, KANNUR. 4. VINEESH, S/O. MOHANAN, PAYYAMBILLIL HOUSE, KAVUMBA DESOM,THIRUVANGODE VILLAGE, THALASSERI TALUK, KANNUR. 5. SAJU, S/O. RAJU, CHERUMADATHIL HOUSE, KAVUMBA DESOM,THIRUVANGODE VILLAGE, THALASSERI TALUK, KANNUR. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDEN/COMPLAINANT AND STATE: ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, POLICE STATION, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6468 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in Crime No. 1111/2009 of Karunagappally Police Station. 2. The offence alleged against the petitioners is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 23.10.2009, the accused persons were found in a lodge at Karunagappally. The police on search found deadly weapons from the possession of the petitioners and also from the car, which was used by them. The petitioners were arrested on 23.10.2009 and they were remanded to judicial custody. 4. The story put forward by the petitioners is stated in Paragraph 6 of the Bail Application which reads as follows: “The first petitioner met with a road accident at Pulliman Junction, Karunagappally on 09.06.2009 while travelling by a car and sustained serious injuries. He was hospitalized by one Sanal who also helped the first petitioner in getting his car repaired. When the car was taken for repair B.A. No. 6468 of 2009 2 the costly stereo system fixed in the car was entrusted to the said Sanal. But even after a longtime Sanal has not cared to give back the stereo system. As the result of the mediation Sanal and his men demanded the first petitioner to come at Karunagappally. Sanal then tried to defraud the first petitioner by giving a scrap stereo system, and a scuffle occurred there between the first petitioner and the Sanal. Sanal who is a strong C.P.M. leader influenced the police through his party and found successful in registering a crime against the petitioners. As petitioners are the B.J.P. workers of Kannur District and as they being arrayed as accused person in several political crime in Kannur district the ruling party exploited the situation by forcing the police to register the crime against the petitioners and got them remanded.” 5. The learned Public Prosecutor vehementally opposed the application. It is submitted that accused No.1 and accused No.3 are involved in eight other cases including cases in which offence under Section 302 of the Indian Penal Code is alleged. Accused No.4 and accused No.5 are involved in two cases each. 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 investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. . B.A. No. 6468 of 2009 3 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally subject to the following conditions:- A) The petitioners shall appear before the District Superintendent of Police, Kannur between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter on every Monday between 9 A.M. and 11 A.M. until 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. If the petitioners fail to comply with condition No.A mentioned above, the District Superintendent of Police, Kannur B.A. No. 6468 of 2009 4 shall cause the matter to be intimated to the Sub Inspector of Police, Karunagappally.` The Registry shall send a copy of this order to the District Superintendent of Police, Kannur. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln