IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1168 of 2010() ----------------------------- CMP.934/2010 of J.M.F.C.-I, MAVELIKKARA CRIME NO.131/2006 OF MAVELIKKARA POLICE STATION, ALAPPUZHA .................... PETITIONER/7TH ACCUSED: ------------------------------------------ NISHAD, AGED 24 YEARS, S/O. RAGHAVAN, OORALIYIL VEETTIL, KADAPPRA VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.- C.I. OF POLICE, MAVELIKKARA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1168 of 2010 -------------------------------- Dated this the 10th 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.7 in Crime No. 131/2006 of Mavelikkara Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/3/2006, the accused persons, ten in number, in furtherance of the conspiracy hatched by them, committed murder of one Sunny. The allegation against accused Nos.6 and 7 is that while the other persons committed the offence, they guarded the scene. 4. The petitioner could not be arrested during the crime stage as he was absconding. 5. The learned Public Prosecutor submitted that charge sheet was laid in the case on 4/6/2009. The petitioner was arrested in connection with a theft case on 19/1/2010 and he was remanded to judicial custody by the learned Magistrate in the B.A. No. 1168 /2010 2 present case as well. It is submitted that the case is now pending as C.P. No.9/2010 on the file of the court of the Judicial Magistrate of the First Class, Mavelikkara. 6. The learned Public Prosecutor submitted that accused No.1 is a notorious criminal and that he is undergoing detention under the Kerala Antisocial Activities (Prevention) Act. It is also submitted that all the other accused were released on bail. 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 charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mavelikara subject to the following conditions:- A) The petitioner shall appear before the Station House Officer, Mavelikara Police Station between 9 A.M. and 11 A.M. on every Monday and Thursday, until further orders; B.A. No. 1168 /2010 3 B) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class, Mavelikara within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; 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 baill; 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