IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3010 of 2011() ---------------------------------------- CRIME NO.213/2011 OF SOORANAD POLICE STATION, KOLLAM DISTRICT. .............. PETITIONERS/ACCUSED NOS.4,5, & 6: ----------------------------------------------------- 1. NAZAR, S/O.NOORUDEEN KUTTY, MOONAM PLAMOODU VADAKKETHIL VEEDU, KAMPALADI MURI, PORUVAZHY VILLAGE. 2. MUNEER, S/O.BASHEER, VAISANDAYYATHU VEEDU, KAMPALADI MURI, PORUVAZHY VILLAGE. 3. ZAKKER HUSSAIN, S/O.BASHEER KUTTY, KOCHUTHEKKEDATHU VADAKKATHIL VEEDU, KAMPALADI MURI, PORUVAZHY VILLAGE. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA (CRIME NO.213/11) SOORANAD POLICE STATION, SOORANAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3010 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 439 of the Criminal Procedure Code, seeking bail. 2. The petitioners are accused in Crime No.213/11 of Sooranad Police Station for the offences punishable under Ss.143, 144, 147, 148, 114, 324, 341, 302, 326 r/w 149 IPC. The accused were alleged to have formed themselves into an unlawful assembly with deadly weapons like iron rod and wooden pieces and brutally manhandled the de facto complainant and he sustained grievous hurt. They also murdered the brother of the de facto complainant by inflicting injury on his head. The accused have been in judicial custody from 11.03.2011. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that they BA 3010/11 2 will abide by any condition that may be imposed on them, the accused are granted bail with effect from 16.05.2011, subject to the following conditions: 1. The accused shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties each for the like sum to the satisfaction of JFCM-I, Sasthamcotta. If in case the learned Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. 2. The accused shall make themselves available for interrogation by the investigating officer and they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 3. The accused shall produce their original passports before the learned Magistrate. If they are not having BA 3010/11 3 any valid passport, they should file an affidavit regarding the same before the learned Magistrate . 4. The accused will also file an affidavit that they will abide by all the conditions mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 5. The accused and the sureties shall not leave the jurisdiction of the JFCM-1, Sasthamcotta without the prior permission of the learned learned Magistrate . 6. The learned learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. 7. Petitioners will furnish the correct residential BA 3010/11 4 address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift their residence without intimating the Investigating Officer and the learned learned Magistrate. N.K.Balakrishnan, Judge sta