IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1521 of 2010 CRIME NO.221 OF 2010 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT APPLICANT/ACCUSED 1 TO 3 -------------------------------------------- 1. VIJAYAN @ SADIQ,S/O.NAGAMONY, PAPPANAMTHOTTATHIL PUTHEN VEEDU, NEDUVANVILA, KARUMANNOOR DESOM,PARASSALA. 2. NAGAMONY,S/O.PONNAYYAN NADAR, ELANKATHUVILA NEELAKAMAL VEEDU, KARUMANNOOR DESOM, PARASSALA. 3. RETNAKARAN,S/O.NAGAMONY, ELANKATHUVILA NEELAKAMAL VEEDU, NEDUVANVILA,KARUMANNOOR DESOM, PARASSALA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING,ERNAKULAM,(CIRCLE INSPECTOR OF POLICE,PARASSALA). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1521 OF 2010 ------------------------------------------------------ Dated this the 8th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.221 of 2010 of Parassala Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 109, 120B and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: Accused No.2 was attacked by the deceased. Accused No.2 was admitted in the hospital. On 28.2.2010, accused Nos.1 and 3 came to the hospital to visit accused No.2. A conspiracy took place within the hospital premises. Accused Nos.1 to 3 conspired together to do away with the deceased. In furtherance of the conspiracy, on 1.3.2010 at 3.50 AM, while the deceased was going to take newspapers (the deceased was a newspaper agent), he was attacked by accused No.1 with an iron lever.The deceased sustained serious head injuries B.A. NO. 1521 OF 2010 :: 2 :: and he succumbed to the injuries. Subsequent to the incident, accused No.1 gave information to accused No.3. Accused No.3 came on a motor bike and took accused No.1 to a safe place. 4. The petitioners were arrested on 2.3.2010 and they were remanded to judicial custody. 5. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I am not inclined to grant bail to the first petitioner (accused No.1) at this stage. The investigation is not over. If the first petitioner (accused No.1) is released on bail at this stage, it would adversely affect the proper investigation of the case. However, in spite of the fact that conspiracy is alleged against accused Nos.2 and 3 as well, since they did not involve in any overt act resulting in causing injuries to the deceased, I am inclined to grant bail to them on stringent conditions. 6. Petitioners 2 and 3 (accused Nos.2 and 3) shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the B.A. NO. 1521 OF 2010 :: 3 :: Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: a) Petitioners 2 and 3 (accused Nos.2 and 3) shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) Petitioners 2 and 3 (accused Nos.2 and 3) shall appear before the investigating officer for interrogation as and when required; c) Petitioners 2 and 3 (accused Nos.2 and 3) shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 2 and 3 (accused Nos.2 and 3) 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. The Bail Application is dismissed in so far as it relates to the first petitioner (accused No.1) and the Bail Application is allowed in the manner indicated above in so far as it relates to petitioners 2 and 3 (accused Nos.2 and 3). (K.T.SANKARAN) Judge ahz/