IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7898 of 2011() ----------------------------- (CRIME NO.227 OF 2011 OF ANCHAL POLICE STATION, KOLLAM DISTRICT) PETITIONER/6TH ACCUSED ------------------------------------------ SURESH, AGED 22 YEARS, S/O.THULASEEDHARAN PILLAI, SURESH BHAVAN, MANALIL MURI, AYIRANALOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.S.RAMESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.ANCHAL C.VIJAYAN FOR DEFACTO COMPLAINANT BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.ANo.7898 OF 2011 --------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.227 of 2011 of Anchal Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 120-B, 307 and 447 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 3.3.2011. The petitioner was arrested on 1.8.2011 and he is in judicial custody since then. 4. The prosecution case reveals the following:- On 3.3.2011 at about 2.30 P.M, accused Nos.1 to 4 trespassed into the house of the defacto complainant (Rejith Kumar) and attempted to kill him. The defacto complainant was attacked with chopper and iron rods. He sustained serious injuries. In the course of the incident accused No.1 sustained injuries and he succumbed to the injuries. A crime was registered against Rejith Kumar, for the murder of first B.ANo.7898 OF 2011 2 accused in the present case. Rejith Kumar was arrested and he was detained in jail for about fifty days. The investigation reveals that accused Nos.1 to 4 committed the offence and they were engaged by accused Nos.5 to 7 for committing the crime. It is alleged that accused Nos.1 to 4 are members of a criminal gang. Accused No.5 claims to be the second wife of the aged father of Rejith Kumar. The mother of Rejith Kumar passed away and accused No.5 claims that she was married by the father of Rejith Kumar within a few months. It is alleged that accused Nos.6 and 7 are close associates of accused No.5. Accused No.6 is also the driver employed by the father of the defacto complainant. Investigation reveals that accused No.5 put forward certain claims to the residential house and the property in the possession of the defacto complainant. A property dispute is pending between the defacto complainant and accused No.5 . According to the defacto complainant, accused No.5 has no right in any of the properties and her attempt is to some how or other get at the properties which belong to the father and which belonged to the mother of the defacto complainant. B.ANo.7898 OF 2011 3 5. Apart from the learned counsel for the petitioner and the learned Public Prosecutor, I also heard the learned counsel appearing for the defacto complainant. Advocate Sri.Anchal C.Vijayan, the learned counsel for the defacto complainant submitted that accused No.5 has made a threat that the defacto complainant would be done away with and a crime was registered against accused No.5 in the present case on account of such threat. 6. Bail Application No.7396 of 2011 filed by the petitioner was dismissed by the order dated 7th September, 2011. Accused No.7 is not arrested so far. Investigation is also not over. 7. Taking into account the peculiar facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 10.10.2011. 8.The petitioner shall be released on bail with effect from B.ANo.7898 OF 2011 4 10.10.2011 on his executing bond for Rs.25,000/- (Rupees Twenty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for two months and thereafter on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not enter into the Police Station limits of Anchal Police Station for a period of one month except for complying with conditions A & B. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 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. F) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.ANo.7898 OF 2011 5 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms