IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3177 of 2010() ------------------------------------------- CMP.NO.1099/2010 OF SESSIONS COURT, KOLLAM. ..... (CRIME NO.380/2010 OF OACHIRA POLICE STATION) PETITIONERS (S): ACCUSED 1 & 2: ------------------------------------------------------ 1. VINEESHKUMAR, S/O.VIJAYAN, VINEESH BHAVAN, MUTHUKULAM SOUTH VILLAGE, MUTHUKULAM VILLAGE. 2. JOOBIKUMAR, S/O.VELAYUDHAN PILLAI, THANKAYYATHIL HOUSE, NJAKKANAL P.O., KRISHNAPURAM VILLAGE. BY ADVS. SRI. K.SHAJ, SRI. SAJJU.S. RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3177 of 2010 ------------------------------------ Dated this the 18th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 302 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners (A1 and A2) in furtherance of their common intention committed murder of the deceased, Pankajashan on 22.04.2010 at about 3.45 P.M. 3. Learned counsel for petitioners submitted that deceased and petitioners consumed alcohol from a bar and when they were about to leave without paying bill, the security interfered and there was an altercation, in the course of which, deceased sustained injuries. There was no intentional act. Petitioners are in custody for the past 56 days. 4. Learned Public Prosecutor submitted that it cannot be said that there was no intention but considering the stage of investigation, he has no objection in granting bail on stringent conditions. B.A. No. 3177 of 2010 2 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- 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 Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln