IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6488 of 2009() ------------------------------------ CRIME NO. 1829/2009 OF ALUVA POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 4: ----------------------------------------------- 1. ROSSAN TIGGA, AGED 21, S/O.S.H.TAYA, P.O.CHANDRAPUR, PITAGON, LAKTHIKATA, SUNDERGORH, ORISSA, NOW RESIDING AT COMPANY QUARTERS, PERIYAR STEEL COMPANY, NR.MES ERNAKULAM. 2. NIRAMALAKDA, AGED 20, S/O.S.H.CHILL LAKDA, P.O.CHANDRAPUR, PITAGON, LAKTHIKATA, SUNDERGORH, ORISSA, NOW RESIDING AT COMPANY QUARTERS PERIYAR STEEL COMPNAY, NR.MES ERNAKULAM. 3. BICHAKARKATA AGED 20, S/O.S.H.MANIKARKATHA, GOMARDIHI VILLAGE P.O.BORODA, SUNDARGARH DISTRICT, NOW RESIDING AT COMPANY QUARTERS, PERIYAR STEEL COMPANY, NR.MES ERNAKULAM. 4. RAMO PITAGOAN, AGED 20, S/O.S.H.MANIKARKATHA, GOMARDIHI VILLAGE P.O.BORODA, SUNDARGARH DISTRICT, NOW RESIDING AT COMPANY QUARTERS, PEIRYAR STEEL COMPANY, NR.MES ERNAKULAM. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT: -------------------------------------------- CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6488 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No. 1829/2009 of Aluva Police Station. 2. The offences alleged against the petitioners are under Sections 302 and 341 read with Section 34 of the Indian Penal Code. 3. The petitioners belong to Orissa. They were working in Periyar Steel Company near Aluva. The prosecution case is that on 12.07.2009, the accused persons hit the deceased with a wooden fire wood log. He sustained injures. The victim succumbed to the injuries on the same day. The deceased also belongs to Orissa and he was a friend of the accused persons. 4. Accused Nos. 1 to 3 were arrested on 13.07.2009 and accused No.4 was arrested on 14.07.2009. 5. After completing the investigation charge was laid on 05.10.2009. 6. The petitioners moved for bail before the learned B.A. No. 6488 of 2009 2 Sessions Judge. Their application was dismissed by the order dated 22.10.2009. The reason for rejecting the prayer for bail is that if the petitioners are released on bail, it would not be possible to secure their presence at the time of trial, as they may go to Orissa. 7. The learned counsel for the petitioners submitted that petitioners are prepared to abide by any conditions that may be imposed by the court to secure their presence. 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 9. The petitioners shall be released on bail on their depositing Rs.50,000/-each and on furnishing security of two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva. The sureties shall be persons who own immovable property in the State of Kerala and they shall produce the title deeds in respect of their properties for verification by the learned B.A. No. 6488 of 2009 3 Magistrate. The grant of bail is also subject to the following conditions: A) The petitioners shall report before the Station House Officer, Aluva Police Station between 9 A.M. and 11 A.M. on all Mondays and Fridays until further orders. B) The petitioners shall not leave the limits of Aluva Police Station without prior intimation in writing to the Station House Officer, Aluva Police Station. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 allowed as above. K.T. SANKARAN, JUDGE ln