IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2465 of 2009(A) ------------------------------------------ (CRIME NO. 89/2009 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM) .................... PETITIONER/ACCUSED: ---------------------------------- PRAVEEN, S/O.ALEXANDER, THERUVILPARAMBU VEEDU, NEAR KUCHUPALLY, THONIKADAVU, ANCHUTHENGU, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.SIBY MATHEW. RESPONDENTS/ RESPONDENTS & STATE: ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KADAKKAVUR POLICE STATION, KADAKKAVUR, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, KADAKKAVUR POLICE STATION, KADAKKAVUR, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY PUBLIC PROSECUTOR MR. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 2465 OF 2009 ```````````````````````````````````````````````````` Dated this the 8th day of May, 2009 O R D E R This is a petition for regular bail filed by the 2nd accused in Crime No.89/2009 of Kadakkavur Police Station where the allegation is commission of offence punishable under sections 143, 147, 148, 149, 294(b), 307, 323 and 324 IPC. The case of the prosecution is that on 6.3.2009 at about 10 pm the petitioner, along with some others, formed an unlawful assembly, armed with deadly weapons and inflicted injury on the de facto complainant and thereby committed the offences alleged. In connection with the crime, he was arrested on 9.3.2009 and since then he has been under judicial custody. 2. According to the counsel for the petitioner, the petitioner was implicated in the crime at the behest of one Mr.Abhilash for political reasons. According to him, the name of the petitioner was not mentioned either in the FIR or in the FIS and it was subsequently added only at the instance of the said person. More over, no overt acts have been alleged against him. BA.2465/09 : 2 : 3. His application for bail moved before the Sessions Court, Thiruvananthapuram has been rejected as is obvious from Annexures-1 and 2. Yet another application for the same was dismissed on 25.4.2009 vide Annexure-3. It was in the said circumstances that he has filed the present application. The petitioner who is the 2nd accused in the aforesaid crime has been taken into custody in connection with the crime on 9.3.209 and since then he has been under judicial custody. The contentions advanced on his behalf cannot be ignored altogether. The investigation in the crime is yet to be completed. In such circumstances, I think the petitioner can be enlarged on bail with stringent conditions. 4. Accordingly, this application is allowed with the following conditions. i) The petitioner shall be enlarged 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 Judicial First Class Magistrate-I, Varkala. ii) To ensure his presence for trial, the petitioner shall BA.2465/09 : 3 : report before the investigating officer in the above case on all Mondays and Saturdays between 10 am and 12 a.m. iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (C.T. RAVIKUMAR, JUDGE) aks