IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9703 of 2011() ----------------------------- AGAINST THE ORDER IN BA.8558/2011 Dated 25/10/2011 CRMP.2198/2011 of J.M.F.C.-II, ALUVA Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. .................... PETITIONER/ACCUSED 7 ---------------------------------------- JEBIN, AGED 21 YEARS, S/O.JOSEPH, MANACHERY HOUSE, EDALAKKAD KARA, MOOKKANNUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SYB-INSPECTOR OF POLICE, ANGAMALY POLICE STATION THORUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9703 OF 2011 --------------------------------- Dated this the 1st day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.7 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2.The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 of the Indian Penal Code. 3.The prosecution case is the following: The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M, the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased B.A.No. 9703 OF 2011 2 sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. 4. The petitioner was arrested on 14.9.2011. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months and thereafter on Mondays, till the final report is filed or until further orders. B.A.No. 9703 OF 2011 3 B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms