IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 352 of 2010() ---------------------------------------- CRMP.40/2010 of J.M.F.C.,RANNI CRIME NO.1 OF 2010 OF RANNI POLICE STATION .................... PETITIONERS/ACCUSED NO. 1 TO 3: ------------------------------------------------- 1. BINU P.K., AGED 39 YEARS, S/O.KUNJUKUNJU KIZHAKKEKARA HOUSE, VAIKKOM, RANNI, PATHANAMTHITTA DISTRICT. 2. MANU A.K., AGED 22, S/O.APPUKKUTTAN, KOTTAKKAL HOSUE, THEKKEPURAM, VAIKKOM, RANNI. 3. KURIAN @ MAMMAN, AGED 30, S/O. ITTIYAVARA @ KUNJUMON, MOOZHIKKAL HOUSE, VIKKOM, RANNI. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA, (CRIME NO.1/2010) RANNI POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 352 of 2010 ------------------------------------ Dated this the 4th day of February, 2010 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 3 in Crime No.1 of 2010 of Ranni Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 333 and 307 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is the following: During the midnight of 31.12.2009 and the early hours of 1.1.2010, several people were celebrating new year. The Sub Inspector of Police, who was on duty, heard some persons uttering words in obscene language. He asked those people to stop the same. They did not obey. The Sub Inspector of Police informed the Circle Inspector of Police. The Circle Inspector of Police came to the spot. Accused Nos.1 and 2 against whom the Circle Inspector had booked a case on an earlier occasion, used that opportunity and attacked the Circle Inspector of Police. They shouted to kill him and the other accused obeyed B.A. No. 352 /2010 2 the call made by accused Nos.1 and 2. They pelted stones against the police personnel who sustained injuries. The second accused hit on the head of the Circle Inspector with a stone. It is stated that the accused persons even threatened that if the injuries do not result in the death of the Circle Inspector, he would be dealt with later. The Circle Inspector of Police, who was injured, was taken to Marthomma Hospital. After giving first aid, he was taken to Pushpagiri Hospital, Thiruvananthapuram. 4. Accused Nos.4 and 5 filed B.A. No.137 of 2010 for bail. That application was dismissed by the order dated 20/1/2010. 5. The petitioners have filed Crl.M.A.No.554/2010 for accepting certain additional documents. Annexure A would show that on 27/1/2010, while the first petitioner (first accused) was in jail, he was admitted in the Medical College Hospital, Thiruvananthapuram. Annexure A4 shows that the Medical Officer had suggested a surgery since the first petitioner has weakness over both limbs. Annexures A5, A6 and A7 would show that even before the incident in the present case, the petitioner was being B.A. No. 352 /2010 3 treated for severe back pain in Indo-Americn Hospital, Brain & Spine Centre. The petitioner was also treated in Sree Chitra Tirunal Institute for Medical Sciences and Technology for disc prolapse. 6. Taking into account the illnesses of the first petitioner and the advice given by the Medical Officer for surgery, I am inclined to grant bail to the first petitioner (first accused). However, I am not inclined to grant bail to petitioners 2 and 3. The investigation is in progress. If petitioners 2 and 3 are released on bail at this stage, it is likely that they may intimidate or influence the witnesses or tamper with the evidence. If bail is granted to petitioners 2 and 3, it would adversely affect the proper investigation of the case. 7. In the facts and circumstances of the case, the first petitioner/first accused (Binu P.K) shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ranni subject to the following conditions:- A) The first petitioner shall submit the details of his treatment with copies of relevant B.A. No. 352 /2010 4 records on every Monday before the Judicial Magistrate of the First Class-I, Ranni, until further orders. B) The first petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The first petitioner 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 in the manner indicated above in so far as it relates to the first petitioner/first accused (Binu P.K) and it is dismissed in so far as it relates to petitioners 2 and 3. K.T. SANKARAN, JUDGE scm