IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Bail Appl..No. 1850 of 2008() ----------------------------- AGAINST THE ORDER DATED 10/03/2008 IN CRMP.216,325,357/2008 IN CRMP.72/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.571 OF 2007 OF KAYAMKULAM POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------------------ 1. AMEERSHA, S/O.SHAHUL HAMEED, ANEESH MANZIL, NEDUKUNNU MURI, PATHANAPURAM VILLAGE. 2. MUHAMMED SHAW, S/O.SALIMKUNJU, PUTHUPARAMBIL VEEDU, PATHANAPURAM, PALLIMUKKU, NEDUKUNNU MURI, PATHANAPURAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: STATE/COMPLAINANT ------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.1850 and 1950 of 2008 ------------------------------------- Dated this the 28th day of March, 2008 ORDER These are applications for regular bail filed by accused 2, 3, 4, 5, 7, 8, 9 and 10, who face indictment in a prosecution for offences punishable, inter alia, under Sections 120 B and 302 I.P.C. The crux of the allegations is that the deceased, a jaggery merchant from Theni, had some disagreements with accused 9 and 10. They conspired to liquidate and do away with him. They, in prosecution of the conspiracy, contacted the 11th accused, a merchant in Kayamkulam and through him they made arrangements to engage mercenary criminals to undertake execution of the job. Accordingly accused 1 to 8 were engaged and it is alleged that they abducted the deceased in a vehicle from Kayamkulam market. They caused his murder and abandoned the body. Investigation is complete. Final report has been filed on 01.03.08. All the accused persons have been arrested. Accused 1 alone has now been enlarged on bail as he was found entitled to default bail under the proviso to Section 167 (2) Cr.P.C. 2. The learned Public Prosecutor opposes the applications for bail of all these accused and I am satisfied that a B.A.Nos.1161, 1753, 1850, 1950 and 1985 of 2008 2 report of the learned Sessions Judge must be secured to find out what time will be required for the final disposal of the case before any orders on merits are passed in these Bail Applications. I have come to this conclusion after hearing the counsel for all the petitioners. Report of the learned Magistrate was called for and the report dated 19.03.08 informs the Court that the case has already been committed to the Court of Session. 3. Call for a report from the learned Sessions Judge, Alappuzha about the time that will be required for disposal of the Sessions Case. Considering the nature of the allegations, I am satisfied that the learned Sessions Judge must either take up the case by himself or assign the case to the Court of a senior Judge available in the district, who will be able to dispose of the case as expeditiously as possible - during the summer vacation, 2008 itself, if possible. The report of the learned Sessions Judge about the arrangements for disposal of the case must reach this Court by 04.04.08. 4. Call these petitions again on 04.04.08. 5. The learned counsel for the petitioners submits that, at any rate, some of the accused persons are entitled for bail by default and that it would be unfair and improper to compel them B.A.Nos.1161, 1753, 1850, 1950 and 1985 of 2008 3 to undergo further incarceration in the light of the indefeasible right for bail which they have under the proviso to Section 167 (2) Cr.P.C. I find merit in that contention. After discussions at the Bar, it is seen that accused 9, who was arrested on 22.11.08 and produced before court on the same day and accused 3 and 4, whose arrest in this crime was recorded on 27.11.07, are the accused persons who are entitled for bail by default as the final report was admittedly filed on 01.03.08 and much before that date, the applications for regular bail filed by the said petitioners were pending before the learned Sessions Judge. Such applications were disposed of later - after the filing of the final report. I am, in these circumstances, satisfied that accused Nos. 3 and 4 (ie. petitioners in B.A.No.1850/08) and accused No.9 (ie. the 2nd petitioner in B.A.No.1950/08) are entitled for bail by default. Appropriate conditions can, of course, be imposed. 6. There shall hence be a direction that accused 3, 4 and 9 referred above shall be released on bail on the following terms and conditions. i) The petitioners in B.A.No.1850/08 and the 2nd petitioner in B.A.No.1950/08 shall execute bonds for Rs.5,00,000/- (Rupees Five lakhs only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.Nos.1161, 1753, 1850, 1950 and 1985 of 2008 4 ii) The petitioners in B.A.No.1850/08 and the 2nd petitioner in B.A.No.1950/08 shall not leave the Sessions Division of Alappuzha until further orders without the prior permission of the learned Magistrate; iii) The petitioners in B.A.No.1850/08 and the 2nd petitioner in B.A.No.1950/08 shall inform the Investigating Officer within 7 days of their release from custody the place of their residence within the jurisdiction of the Sessions Court, Alappuzha and shall keep the Investigating Officer informed of any such change of address thereafter from time to time; iv) The petitioners in B.A.No.1850/08 and the 2nd petitioner in B.A.No.1950/08 shall report before the Investigating Officer between 7 p.m and 8 p.m on all Mondays and Fridays until the case against them is finally disposed of. 7. B.A.No.1850 of 2008 is accordingly allowed and B.A.No.1950 of 2008 is allowed in part. Call B.A.No.1950 of 2008 again on 04.04.08. (R.BASANT, JUDGE) rtr/-