IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8513 of 2011() ------------------------- CRIME NO.1397/2011 OF ANGAMALY POLICE STATION PETITIONER:ACCUSED : ---------------------- B.SURESH, AGED 46 YEARS S/O.BALAKRISHNAN NAIR, VARIYATHU HOUSE, ERATTAKULAM, NALLEPPILLY PANCHAYATH PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. STATE PROSECUTOR SRI.T.ASAF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8513 of 2011 ---------------------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.15 in Crime No.1397 of 2011 of Angamaly Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 120-B, 447, 212 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 28/08/2011. One Thomas was murdered. The allegation is that several accused conspired together and murdered Thomas. The learned Senior Counsel for the petitioner pointed out that the only allegation against the petitioner (A15) is that he harbored some of the accused. The learned Senior counsel submitted that the allegations would make out only an offence under Section 212 of the Indian Penal Code, which is a bailable offence. The petitioner was arrested on 19/09/2011 and he was remanded to judicial custody. According to the Senior Counsel, justice was denied to the petitioner as he was Bail Appln.No.8513/2011 : 2 : detained in a case involving only bailable offence as against him. Prime facie, the contention raised by the learned Senior counsel for the petitioner appears to be plausible. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. 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, Aluva, subject to the following conditions:- A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.8513/2011 : 3 : D) 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 skj