IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1470 of 2010() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.555/2010 CRMP.244/2010 of DISTRICT COURT, PALAKKAD CRIME NO.15/2010 OF CHITTUR POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED NO.9: ------------------------------------------- KAMAL, S/O.MANOHARAN, AGED 28 YEARS, KAMBLICHUNGAM COLONY, CHITTUR, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP.BY S.I OF POLICE, CHITTUR POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1470 of 2010 -------------------------------- Dated this the 15th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.15 of 2010 of Chittur Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 307, 302 and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The gist of the prosecution case is the following: On 6.1.2010, a ganamela was going on in a temple. The group of persons consisting of the de facto complainant and his friends and the group of persons consisting of the accused persons were dancing at the place. There arose a dispute between the two groups. Accused No.4 caught hold of one Jayan and he was stabbed by accused No.1. Accused Nos.5 and 8 also had beaten Jayan. The de facto complainant tried to prevent. He was also beaten. Thereafter, one Ajayan tried to prevent the accused from committing further attack. Accused No.4 restrained Ajayan and B.A. No. 1470/2010 2 he was beaten by the other accused. Thereafter, one Ajeesh intervened and he was attacked by accused Nos.7 and 10. The deceased (Sandeep) tried to rescue Jayan, who had sustained very serious injuries. At that time, accused No.1 stabbed Sandeep. Sandeep died on the spot. Jayan was admitted in the hospital and his life was saved. 4. The petitioner was arrested on 10.1.2010 and he was remanded to judicial custody. 5. As per Annexure D order dated 25/02/2010, the learned Sessions Judge granted bail to accused Nos.4 to 8 and 10. By the same order, the Bail Application filed by accused Nos.1 to 3 was dismissed. 6. The petitioner filed another Bail Application before the learned Sessions Judge, which was dismissed by the order dated 3rd March, 2010, on the ground that High Court had dismissed the application for bail filed by the petitioner earlier. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that accused Nos.4 to 8 and 10 were granted bail by the learned Session Judge, I am of the view that bail can be granted to the B.A. No. 1470/2010 3 petitioner. 8. The petitioner 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, Chittur 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, 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 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm