IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Bail Appl..No. 4451 of 2008(B) ----------------------------- C.M.P.8104/2008 OF J.F.M.C.,KATTAKADA. CRIME NO. 175/2008 OF KATTAKKADA POLICE STATION PENDING ON THE FILES OF JFCM KATTAKADA. .................... PETITIONER/ 10TH ACCUSED: ------------------------- SIYAD @ SUDHEER, S/O. ABDULRASHEED, SIYAD MANZIL TC 35/700, SULAIMAN THERUVU, AIRPORT ROAD, PETTAH VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S SIVAKUMAR,PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2008 ALONG WITH B.A. NO. 4732 OF 2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------- B.A. Nos.4732 OF 2008 & 4451 OF 2008 ----------------------------------------- Dated this the 4th day of August, 2008 O R D E R These petitions are for bail. 2. Petitioners in B.A.4732/08 are accused nos.3, 4 and 7. Petitioners in B.A.4451/08 is the 10th accused in the same crime. The alleged offences are under Sections 143, 147, 148, 149, 452, 326, 307, 302 of IPC, Section 27 of the Arms Act and Sections 3 and 5 of Explosive Substances Act. 3. According to the prosecution, the petitioners along with other accused committed murder of one Jayakumar by using various weapons and forming themselves into an unlawful assembly and assaulting him. The sister of the 1st and 2nd accused had an alleged love affair with deceased Jayakumar but he married another girl and hence their sister committed suicide on the date of his marriage. Motivated by this, the 1st and 2nd accused took the aid of the other accused as well and committed murder. 4. The accused in these cases are arrested on different B.A.Nos.4732/08 & 4451/2008 2 dates. 3rd accused was arrested on 26.05.2008, 4th accused on 30.05.2008, 7th accused on 20.06.2008 and 10th accused on 13.06.2008. Accused nos.3 and 7 drove the vehicle and brought the 1st accused to the scene and waited outside to carry them back. 10th accused waited outside the house, where the incident occurred, carrying a steel pipe in his hand. 4th accused assaulted the deceased with the chopper. 5. Learned counsel for the 3rd, 4th and 7th accused submitted that the 3rd and 4th accused are in custody for sufficient long period from 28.05.2008 and 30.05.2008 and 7th accused only brought the 1st accused to the scene in his motor cycle and he had not taken part in the assault, as per the prior case itself. 6. Learned counsel for the 10th accused submitted that as per the allegations made, 10th accused is aged only 21 years and did not actually take part in the incident and he had not assaulted the deceased or any other person. He was only waiting outside. He was in custody from 13.06.2008 onwards. He also submitted that the marriage of the 10th accused is fixed on 17.08.2008. 7. Learned Public Prosecutor submitted that considering B.A.Nos.4732/08 & 4451/2008 3 the period of detention and the stage of investigation, he has no objection in granting bail to the 3rd, 4th and 10th accused. However 7th accused was absconding and he could not be arrested until 20.06.2008. Therefore, he opposed the bail applied by the 7th accused. On hearing both sides, I am satisfied of the submissions made and 3rd, 4th and 10th accused are granted bail on the following terms and conditions: (i) Accused nos.3, 4 and 10 shall execute bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. In the case of 10th accused, one of his parents, or if his parents are not alive, one of his close relatives, shall execute a bond for the same amount whether he or she is solvent or not. (ii) They shall report before the Investigating Officer on every Saturday between 10 a.m. and 1 p.m. until further orders. (iii) They shall not influence or intimidate any witness or B.A.Nos.4732/08 & 4451/2008 4 tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. (iv) They shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the learned Magistrate. (v) The prayer for bail of the 7th accused is rejected. B.A.4451/08 is allowed and B.A.4732/08 is partly allowed. K.HEMA, JUDGE pac