IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7061 of 2011() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.6522/2011 Dated 17/08/2011 CRIME NO.933/2010 OF VIYYUR POLICE STATION, THRISSUR DISTRICT .................... PETITIONER/ACCUSED NO.9 : ------------------------------------------- SANDEEP @ PATTUPETTY, AGED 74 YEARS, S/O.ACHUTHAN, THIPPILISSERY HOUSE, KUTTUR VILLAGE & DESOM, THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENT/COMPLAINANT : --------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7061 OF 2011 --------------------------------- Dated this the 6th 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.9 in Crime No.933 of 2010 of Viyyur Police Station, Thrissur District. 2.The offences alleged against the accused are under Sections 120B, 109, 341, 302, 202 and 212 read with Section 34 of the Indian Penal Code. 3.The date of occurrence was on 27.12.2010 at 00.30 A.M.. The petitioner was arrested on 16.7.2011 and he was remanded to judicial custody. 4. The prosecution case is that the incident happened as a result of the rivalry between two criminal gangs. It is alleged that the fifth accused was attempted to be killed by B.A.No.7061 OF 2011 2 the deceased. It is alleged that accused Nos.1 to 10 conspired together to do away with the deceased. On the date of incident, they attacked the deceased with dangerous weapons and he was murdered. The investigation is in progress. It is stated that accused No.7 is absconding. Final report is not filed so far. 5. The learned counsel for the petitioner submitted that accused Nos.1 to 6 and 8 were released on bail. 6.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, the present stage of investigation and also the fact that some other accused were granted bail, I am of the view that bail can be granted to the petitioner. 7.The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Thrissur, subject to the following conditions: B.A.No.7061 OF 2011 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months and thereafter on 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 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms