IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 4074 of 2010() ----------------------------- CRIME NO.244/10 OF KURATHIKKADU POLICE STATION, ALLEPPEY DIST. .................... (S): PETITIONER/5TH ACCUSED ------------------------------------------ SAHEER, 28 YEARS, S/O.SHARAFUDEEN, DARUL-AMAN VEEDU, NORTH OF AIKKA JUNCTION, KANNAMPALLI BHAGAM MURI, KEERIKKADU VILLAGE. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.C.S.AJITH PRAKASH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. C.I. OF POLICE, KURATHIKAD POLICE STATION, MAVELIKKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4074 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 449, 323, 341, 324, 506(ii), 307, 302, 201 and Section 34 of the Indian Penal Code. According to prosecution, all the accused, in furtherance of common intention committed various offences. Accused nos.1 to 4 went to the house of deceased in a car and accused nos.1 to 3 got into his house and assaulted him. First accused used a knife and stabbed him. Second accused wrongfully restrained him and third accused beat him with stick. The 4th accused drove the vehicle, in which accused nos.1 to 3 came to the scene and he was waiting outside. Accused nos.1 to 3 ran away after the incident and got into the car driven by petitioner (A5) at about 1 km. away from the place of occurrence, and escaped. 3. Learned counsel for petitioner submitted that petitioner's role is limited in this case. He is innocent of the allegations made. Even according to prosecution, a car was BA NO. 4074/10 2 waiting outside the scene of occurrence, in which accused nos.1 to 3 came to the house. But, the allegation is that accused nos.1 to 3 ran away and got into the car of petitioner at about 1 km. away from the place of occurrence. Even if the entire prosecution case is accepted, petitioner can only be held liable under Section 201 of the Indian Penal Code, it is submitted. Petitioner surrendered on 22.6.2010 before the police and he is in custody for the past 14 days. 4. Learned Public Prosecutor submitted that as per the instructions given, petitioner was arrested. However, taking into consideration his limited role, he has no objection in granting bail, but stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : BA NO. 4074/10 3 (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.1 (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs