IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH APRIL 2007 / 22ND CHAITHRA 1929 Bail Appl..No. 2167 of 2007() ----------------------------- (CRIME NO.189/2007 OF CHAVARA POLICE STATION) ---------------------------- PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. RAJU, S/O.NAKULAN, PATTOOR VADAKKATHIL, MENAMBALLY MURI, CHAVARA. 2. VIJAYAN, S/O.ACHUTHAN NAIR, VISHNU BHAVANAM, MADAPPALLY MURI, CHAVARA. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT: COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 2167/2007 ----------------------------- Dated this 12th day of April, 2007 O R D E R The petitioners who are accused Nos. 1 and 2 in Crime No.189/2007 of Chavara police station for offences punishable under Sections 143, 147, 148, 452, 427 and 307 IPC read with sections 149 IPC seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. The occurrence took place on 22.3.2007 at about 10.00 p.m during the course of which the petitioners and others, who are allegedly RSS workers, criminally trespassed upon the house of the defacto complainant and attempted to commit murder of the brother of the defacto complainant by name Habees by hacking with a sword and caused injuries to him, besides committing mischiefs to the tune of Rs.2,000/-. 4. Having regard to the nature of the offences and the other circumstances of the case, I am not inclined to grant bail to the petitioners, but from a future date and that too on stringent conditions. Accordingly, the petitioners are directed to be released on bail with effect from 24.4.2007, on each of them executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the B.A.2167/2007 2 satisfaction of the J.F.C.M, Karunagappally and subject to the following conditions: (a). The petitioners shall report before the City Police Commissioner, Thiruvananthapuram, between 9.00 and 11.00 a.m. on all Wednesdays. (b). The petitioners shall not enter the limits of Kollam District until further orders to be passed by the Committal Magistrate or by the Court which the case is eventually committed for trial. (c). The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. (d). The petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. The application is allowed as above. V.RAMKUMAR, JUDGE B.A.2167/2007 3 mrcs