IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH MARCH 2007 / 25TH PHALGUNA 1928 Bail Appl..No. 1319 of 2007() ----------------------------- CRIME NO. 281 OF 2006 OF VIYYUR POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- JAYAN, S/O.KUTTAN, VALLATHUPARAMBIL HOUSE, VILVATTOM VILLAGE. BY ADV. SRI.M.RATNASINGH (SR.) SRI.P.K.ANIL RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. CIRCLE INSPECTOR OF POLICE, TRICHUR EAST POLICE STATION. 2. THE SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION. 3. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 1319 of 2007 ------------------------------- DATED: 15-03-2007 O R D E R Petitioner who is the 2nd accused in Crime No. 281/06 of Viyyur Police Station for offences punishable under Sections 143, 147, 148, 302 and 201 read with Sec. 149 I.P.C., seeks his enlargement on bail. The occurrence took place on 23-7-2006. The petitioner was arrested on 15-8-2006. 2. The learned Public Prosecutor opposed the application. 3. Even though this is a case in which an 18 year old Polytechnic student was abducted by a gang consisting of 5 persons including the petitioner herein and kept under wrongful confinement for the purpose of claiming ransom from his father and on the boy attempting to escape from the unfinished house where he was confined, the boy was smothered and subsequently drowned to death by immersing him in a thodu after tying a rope around his neck and thereafter his demembered body parts were burried at several place, considering the role attributed to the petitioner herein , the duration of his judicial custody from 4-8-2006 onwards and the other aspects of the matter, I am inclined to Bail A.No.1319of 2007 -:2:- grant bail to the petitioner but only from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 23-3-2007 on his executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I, Thrissur and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. ani Bail A.No.1319of 2007 -:3:- ani. V.RAMKUMAR, JUDGE. ani