IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6323 of 2009() ----------------------------- CRIME NO.188/08 OF THALASSERY POLICE STATION .................... PETITIONERS /ACCUSED 5 & 7 -------------------------------------- 1. SHABIN.C,S/O.RAGHAVAN,AGED 27, COOLIE,SHAJINAS,THIRUVANGAD.P.O,THALASSERY. 2. SHYJU.P.K,S/O.MUKUNDAN,AGED 27, COOLIE KATTIL PARAMBATH, THIRUVANGAD.P.O, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER,THALASSERY POLICE STATION,THALASSERY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6323 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.7 and 5 respectively in Crime No.188 of 2008 of Thalassery Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 302 and 449 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 7.3.2008, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons and trespassed into the house of one Surendran and murdered him. It is stated that the deceased as well as the accused belong to different political parties. The petitioners surrendered before court on 14.8.2009 and they were remanded to judicial custody. 4. The applications for bail submitted before the Sessions Court were dismissed on the ground that if the petitioners are released on bail, further clashes may take place in the area resulting in breach of peace. 5. Taking into account the facts and circumstances of the BA No.6323/2009 2 case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter into the limits of Thalassery Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl