IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 4294 of 2010() ----------------------------- CMP.945/2010 of J.M.F.C. - I, IDUKKI .................... (CRIME NO. 56/2010 OF IDUKKI POLICE STATION) PETITIONER/A1-A3 ------------------------------ 1. JOSEPH, AGED 64 YEARS, S/O.OUSEPH, KULAPPURAPTHU HOUSE, UPPUTHODU VILLAGE. 2. MANOJ, AGED 39 YEARS, S/O.JOSEPH, KULAPPURATHU HOUSE, UPPUTHODU VILLAGE. 3. SIJO, AGED 28 YEARS, S/O.JOSEPH, OZHIKAYIL HOUSE, THOPRAMKUDY. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, IDUKKI POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. Nos.4294 AND 4296 of 2010 ------------------------------------ Dated this the 19th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 341, 323, 326 and 307 of Indian Penal Code. According to prosecution, on 12/02/2010, de facto complainant went to the house of accused number 4 and 5(who are brothers) on getting a phone call from 5th accused. When he went to the house, he was carrying a can containing coconut oil and he kept it on the veranda of the house. When he was about to leavethe house, he could not find the can and he went in search of it. During the search, there was a quarrel between de facto complainant and accused numbers 1 to 3 and thereafter, de facto complainant was assaulted by accused number 1 using a stick. Second and third accused also joined him and assaulted him. Offences were committed in furtherance of the common intention of 4th and 5th accused. 3. Petitioners are accused numbers 1 to 5. Accused numbers 1, 4 and 5 are in custody for the past 14 days and accused numbers 2 and 3 are in custody for the past 12 days. Learned counsel for petitioners submitted that the names of B.A. Nos.4294 AND 4296 of 2010 2 accused numbers 4 and 5 are not in the FIS, but, allegations were made only against accused numbers 1 to 3. Incident happened in the house of accused numbers 4 and 5. According to him, de facto complainant sustained an injury on the head by falling. 4. Learned Public Prosecutor submitted that considering the limited role of accused numbers 4 and 5, he has no objection in granting bail to them. However, petition is opposed in respect of accused numbers 1 to 3, since they were present at the scene and assaulted de facto complainant who sustained serious injury on the head. Skull was fractured. 5. On hearing both sides, I am satisfied of the submissions made by Learned Public Prosecutor and I think that bail can be granted to accused numbers 4 and 5. However, I am not inclined to grant bail to accused numbers 1 to 3 at this stage of investigation. Hence,the following order is passed: (1) Prayer for bail by accused numbers 1 to 3 is rejected. (2) Accused numbers 4 and 5 shall be released on bail on their executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. Nos.4294 AND 4296 of 2010 3 (i) They shall report before the Investigating Officer on alternate Mondays between 10 A.M. and 1 P.M. (ii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. Bail application No.4296 is allowed. Bail application No. 4294 is dismissed. K. HEMA, JUDGE vdv