IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1174 of 2010 CRIME NO.146 OF 2006 OF VADAKKEKKADU POLICE STATION C.P.NO.21 OF 2010 OF JFCM, KUNNAMKULAM PETITIONER/4TH ACCUSED ------------------------------------------ NASEER K., AGED 27 YEARS, S/O. MOHAMMED, KURRIKALAKATH HOUSE, AKALAD P.O., CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, CHAVAKKAD P.O., THRISSUR DISTRICT. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON 08/03/2010, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1174 OF 2010 ------------------------------------------------------ Dated this the 8th day of March, 2010 O R D E R The petitioner, who is accused No.4 in Crime No.146 of 2006, Vadakkekkad Police Station, which is pending as C.P.No.21 of 2010 on the file of the Court of the Judicial Magistrate of the First Class, Kunnamkulam, seeks bail under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 323, 302 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 16-4-2006, the Chairman of Chavakkad Municipality (Vatsalan) was murdered by the accused. One Abkar was also stabbed by the accused. The incident occurred during the election campaign. There was an allegation that the flag of a political party was removed by the member of the rival political party. The deceased and his associates went to the place. At that B.A. NO. 1174 OF 2010 :: 2 :: time, one Sulaimankutty made some threatening words. Akbar, a member of the Municipality, who was accompanying the deceased, questioned the same. At that time, Faizal, one of the accused stabbed Akbar. The petitioner and the other accused punched Akbar with hands. On seeing this, the deceased (Vatsalan) went near them. Sulaimankutty (accused No.1) stabbed Vatsalan. Vatsalan and Akbar were taken to the hospital. Vatsalan succumbed to the injuries. 4. It is stated by the petitioner that after the incident, there were clashes between the members of the rival political parties and Crime Nos.149 of 2006 to 159 of 2006 and 160 of 2006 to 180 of 2006 were registered by the police. It is also stated that subsequently, accused No.1 Sulaimankutty was murdered by the members of the rival political party. Crime No.240 of 2007 was registered in respect of that incident. 5. The petitioner states that the situation in the locality was so tense and he was having threat to his life. He had no other option but to go abroad. The petitioner states that he went abroad on 19.6.2006. He could come back to India only on 7-1-2010. Immediately B.A. NO. 1174 OF 2010 :: 3 :: thereafter, the petitioner filed B.A. No.458 of 2010 before this Court seeking anticipatory bail. That application was dismissed by the order dated 8th February 2010. The petitioner surrendered before the Judicial Magistrate of the First Class, Kunnamkulam, on 17-2-2010 and moved for bail. The learned Magistrate dismissed the application for bail on 17-2-2010 and the petitioner was remanded to judicial custody. 6. The learned Public Prosecutor submitted that since the petitioner and another accused were absconding, the case against them were split up and it is now pending as C.P. NO. 21 of 2010, on the file of the Court of the Judicial Magistrate of the First Class, Kunnamkulam. The case against the other accused is pending as S.C. No.245 of 2007 on the file of the Additional Sessions Court (Fast Track No. 1 ), Thrissur. 7. The Bail Application is vehemently opposed by the learned Public Prosecutor. He submitted that the petitioner was absconding for the last several years. If he is released on bail, he is likely to make himself scarce. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition B.A. NO. 1174 OF 2010 :: 4 :: that may be imposed by the Court. 8. I have carefully considered the facts and circumstances of the case. Though the petitioner was not fully justified for absconding, his case that his life was in danger cannot be completely ignored. The murder of the first accused and the clashes which led to the registration of several crimes cannot be lost sight of. I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Kunnamkulam, subject to the following conditions: (A) The petitioner shall report before the Station House Officer, Vadakkekkad Police Station between 9 A.M. and 11 A.M. on every Monday and Thursday, until further orders; (B) The petitioner shall not try to intimidate or influence the prosecution witnesses or tamper with the evidence; (C) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kunnamkulam, within one week from today; B.A. NO. 1174 OF 2010 :: 5 :: (D) The petitioner shall not leave the State of Kerala until the trial of the case is over; (E) The petitioner 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/