IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6361 of 2010() ----------------------------- CMP NO. 6037/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, TVM CRIME NO. 450/10 OF SREEKARYAM POLICE STATION .......................... PETITIONERS / ACCUSED NO.1 & 2 : ------------------------------------------------- 1. VINODKUMAR, S/O.PURUSHOTHAMAN, CHENCHERRY LEKSHAM VEEDU COLONY VEEDU NO. TC X/1284, CHENCHERRY, MANNANTHALA WARD, ELLOOR VILLAGE, THIRUVANANTHAPURAM. 2. MANOJ @ KAKKOTTA MANOJ, S/O.THAMPI, CHIRAVAKKOTTUKONAM PUTHEN VEEDU, NEAR MYLAPPALLY DEVI TEMPLE, VENGALATHUKONAM, MALAPPARIKONAM WARD, ULIYAZHATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT / COMPLAINANT : -------------------------------------------- THE STATE OF KERALA, (SUB INSPECTOR OF POLICE, SREEKARYAM POLICE STATION CRIME NO.450/2010) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 6361 of 2010 - - - - - - - - - - - - - - - - DATED: 18-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No. 450 of 2010 of Sreekaryam Police Station for offences punishable under Sections 143, 147, 148, 452 and 427 read with Sec. 149 I.P.C. seek their enlargement on bail. There were arrested on 16-09-2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application. He further submitted that after trespassing into the property in question armed with sword etc. at 11.30 p.m. destruction worth Rs. 25,000/- was caused and A2 is involved in five other cases including a murder case. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the first petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the first petitioner with effect from a future date. In the case of the 2nd B.A. No.6361 of 2010 accused, his request for bail is rejected. Accordingly, the first petitioner is directed to be released on bail with effect from 25- 10-2010 on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.I, Thiruvananthapuram and subject to the following conditions: 1. The first petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The first petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3.. The first petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner shall not commit any offence while on bail. If the first petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is partly allowed. Dated this the 18th day of October, 2010. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge B.A. No.6361 of 2010