IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 1035 of 2010 CRIME NO.260 OF 2009 OF POZHIYOOR POLICE STATION PETITIONERS/ACCUSED 1-7 1. STALIN, SON OF SILVAPICHA, FISHERMEN COLONY, POZHIYOOR DESOM, KULATHOOR VILLAGE. 2. ANTONY, SON OF SILUVA PICHA, THEKKE-KOLLAMKODU FISHERMEN COLONY, POZHIYOOR DESOM, KULATHOOR VILLAGE. 3. SHIBU, SON OF DEVADAS, THATHAPILLATHOPPU PURAYIDOM, THEKKE KOLLAMKODU, POZHIYOOR DESOM, KULATHOOR VILLAGE. 4. JOY, SON OF BENJILAS, FISHERMEN COLONY, THEKKE KOLLAMKODU, POZHIYOOR DESOM, KULATHOOR VILLAGE. 5. AROGYADAS, SON OF ANTHONIYAR PICHA, KOLLAMKODU FISHERMEN COLONY, POZHIYOOR DESOM, KULATHOOR VILLAGE. 6. PLAYISES, SON OF DEVADAS, THEKKEKOLLAMKODU FISHERMEN COLONY, POZHIYOOR DESOM, KULATHOOR VILLAGE. 7. ANTHONIYAR PICHA, SON OF FRANCIS, THEKKEKOLLAMKODU FISHERMEN COLONY, POZHIYOOR DESOM, KULATHOOR VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1035 OF 2010 ------------------------------------------------------ Dated this the 24th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 7 in Crime No.260 of 2009 of Pozhiyoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 294(b), 324, 341 and 302 of the Indian Penal Code. 3. The prosecution case is that on 25.12.2009 at 11 AM, the accused persons attacked one Sinkaram with deadly weapons, which resulted in the death of Sinkaram. Accused No.3 was arrested on 30.12.2009. All the other accused were arrested on 26.12.2009 and they are in judicial custody. 4. The petitioners had filed B.A.No.419 of 2010, which was dismissed by the order dated 10.2.2010. While B.A.No.419 of 2010 B.A. NO. 1035 OF 2010 :: 2 :: was being argued, it was pointed out by the learned Public Prosecutor that if the petitioners were released on bail, it would affect the law and order situation in the area as a tense situation was prevailing in that area at that time. The learned Public Prosecutor submitted that even now police picketing is made available in the place of occurrence and a tense situation prevails in the area. 5. Taking into account the facts and circumstances of the case and the fact that the petitioners are in judicial custody since 26.12.2009 (except accused No.3) and 30.12.2009 (accused No.3), and also taking note of the progress in the investigation, I am inclined to grant bail to the petitioners on stringent conditions. 6. 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 – II, Neyyattinkara, 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 and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; B.A. NO. 1035 OF 2010 :: 3 :: 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 Pozhiyoor Police Station for a period of two months; 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 ahz/