IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 862 of 2010 CRIME NO.182 OF 2009 OF MARAYOOR POLICE STATION, IDUKKI DISTRICT PETITIONERS: ACCUSED: 1. PRAKASH, S/O BALAN, AGED 19, KGP,X/195, PATHADIPPALAM BHAGOM, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. 2. SELVENDRAN, AGED 25/09, S/O PERUMAL, KGP X/196, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. 3. THAMISHARASAN, AGED 21,S/O PRABHAKARAN, KGP.X/161, PATHADIPPALAM BHAGOM, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. 4. SAKTHIWAL, AGED 29, S/O.MATHIYASHAKAN, KGP, X/204, PATHADIPPALAM BHAGOM, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. 5. DWARAIRAJ, AGED 42, S/O BALRAJ, KGP, IX/135, OLH COLONY, DANDUKOMBU KARA, KANTHALLOOR VILLAGE. 6. PANDY MANI, AGED 20, S/O.BALASUBRAMANIAN, KGP X/338, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. 7. MURUKAN, AGED 19, S/O MATHIYAZHAKAN, KGP X/204, KOVILKADAVU KARA, KANTHALLOOR VILLAGE. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. CIRCLE INSPECTOR OF POLICE, MOONNAR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 862 OF 2010 ------------------------------------------------------ Dated this the 23rd 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 the accused persons in Crime No.182 of 2009 of Marayoor Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24.11.2009, Rafeeq, an autorickshaw driver, was found missing. On 25.11.2009 the dead body of Rafeeq was found in an abandoned state in a field. The crime was originally registered as man missing. On 22.12.2009, the accused persons except accused No.2 were arrested. Accused No.2 surrendered before Court on 7.1.2010. All of them are in judicial custody. The prosecution case is that the accused committed the murder of Rafeeq on account of enmity between Rafeeq and the third accused. B.A. NO. 862 OF 2010 :: 2 :: 4. The investigation is practically over. It is submitted that there is no need for detaining the petitioners further. The learned Public Prosecutor submitted that if the petitioners go to any place within the limits of Marayoor Police Station some untoward incidents or communal clashes may take place. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted 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, Devikulam, 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. 862 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 Marayoor Police Station for a period of three months; d) The petitioners shall not leave the limits of Munnar Police Station except after giving intimation in writing to the investigating officer, until further orders; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/