IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1094 of 2010() --------------------------------- CRIME NO. 14/2009 OF MALOOR POLICE STATION, KANNUR ....................... PETITIONER/7TH ACCUSED : --------------------------------- NELLIKKA MUKESH @ MURUKAN, S/O. RAJAN, AGED 23 YEARS, KURUNNONPARAMBU HOUSE, KANNAVAM AMSOM, VATTOLI DESOM, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ----------------------------------- THE STATION HOUSE OFFICER, MALOOR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010 ALONG WITH B.A.NO. 7149/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. Nos. 1094 of 2010 & 7149 of 2009 ---------------------------------------------- Dated this the 2nd day of March, 2010 O R D E R Bail Application No. 1094/2010 is filed by accused No.7 in Crime No. 14/2009 of Maloor Police Station, Kannur District, under Section 439 of the Code of Criminal Procedure. Bail application No. 7149/2009 is filed by accused No.8 in the aforesaid crime, praying for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 302, 120-B read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 04.03.2009 at about 7.45 A.M., while the deceased Shiju was walking along the side of a pathway, he was attacked by accused Nos. 1 to 9 with sword, axe, iron rod and other weapons. Shiju sustained fatal injuries. He was taken to the hospital. On the same day, Shiju succumbed to the injuries. 4. Accused No.7 Nellika Mukesh @ Murukan surrendered before Court on 07.12.2009 and he was remanded to judicial custody. B.A. Nos. 1094 of 2010 & 7149 of 2009 2 5. The learned Public Prosecutor submitted that all the accused persons except accused No.8 were arrested. Except the petitioner, all others were released on bail. It is also submitted by the learned Public Prosecutor that accused No.8, Kariyadan Babu is absconding. The investigation is at the final stage. However, charge sheet is not filed. It was also pointed out that the incident occurred as a result of the clash between the workers of Communist Party of India(Marxist) and Rashtriya Swayamsevak Sangh. 6. Taking into account the facts and circumstances of the case and the fact that the petitioner in B.A. No. 1094 of 2010 is in judicial custody since 07.12.2009 and also taking into account the fact that the other accused persons were granted bail, I am inclined to grant bail to the petitioner in B.A. No. 1094/2010. However, taking into account the nature and gravity of the offences and the allegations levelled against the 8th accused, I do not think that accused No.8(petitioner in B.A. No. 7149/2009) is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to accused B.A. Nos. 1094 of 2010 & 7149 of 2009 3 No.8, it would adversely affect the proper investigation of the case. 7. Nellika Mukesh @ Murukan (accused No.7/petitioner in B.A.No. 1094/2010) shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koothuparamba subject to the following conditions:- A) Accused No.7(petitioner in B.A. No. 1094/2010) shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) Accused No.7(petitioner in B.A.No. 1094/2010) shall appear before the Investigating Officer for interrogation as and when required. C) Accused No.7(petitioner in B.A. No. 1094/2010) shall not try to influence the prosecution witnesses or tamper with the evidence. D) Accused No.7(petitioner in B.A. No. 1094/2010) shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions B.A. Nos. 1094 of 2010 & 7149 of 2009 4 mentioned above, the bail shall be liable to be cancelled. Bail Application No.1094/2010 is allowed in the manner indicated above and Bail Application No.7149/2009 is dismissed. K.T. SANKARAN, JUDGE ln