IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6726 of 2008() ----------------------------- CMP.8064/2008 of J.M.F.C.,IRINJALAKUDA CRIME NO.295/08 OF KATTOOR POLICE STATION PETITIONER (S): ACCUSED 1, 3 AND 4 -------------------------------------- 1. BENOJ, AGED 28 YEARS, S/O. BALAN, KAIMAPARAMBIL HOUSE, KAKKATHURUTHI, EDATHIRINJI VILLAGE, THRISSUR. 2. SAJEEVAN, AGED 38 YEARS, S/O. NARAYANAN, VALIYAPARAMBIL HOUSE, KAKKATHURUTHI, EDATHIRINJI VILLAGE, THRISSUR. 3. SURAJ, AGED 20 YEARS, S/O. SURESH, ARUKATTIL HOUSE, KAKKATHURUTHI, EDATHINJI VILLAGE, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, KATOOR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6726 of 2008 ----------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 506(II) and 308 read with 149 of the Indian Penal Code. Petitioners are accused 1, 3 and 4 in the crime. 3. Learned counsel for petitioners submitted that offence under Section 27 of the Arms Act is now deleted. Petitioners are in custody from 18.10.2008 onwards. Investigation is almost over. All the parties have come to a settlement and a petition was filed before this Court jointly by the injured and accused 2, 5 and 6 stating that they have compounded the matter and they prayed for quashing the proceedings against them. In the light of this, petitioner may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that as far as accused 3 and 4 are concerned, he has no objection in granting bail on conditions. However, first accused is involved in five other criminal cases of similar nature and proceedings under Section 107 Cr.P.C are also pending against him. If bail is granted, it is likely that he will abscond and it is not proper to grant bail to petitioner at this stage, it is submitted. BA.6726/08 2 5. On hearing both sides and on going through the documents produced, I find that accused 3 and 4 can be granted bail on conditions. However, in the light of the submission made by learned Public Prosecutor, I am not inclined to grant bail to first accused in this case. On perusal of Annexure-3, copy of petition filed before this Court for quashing the proceedings on the basis of the compounding between the parties, I find that the matter was allegedly compounded by accused 2, 5 and 6 and not by petitioners. Learned counsel for petitioners also fairly conceded towards the end of his argument that the said petition was dismissed by this Court, since it was submitted by learned Public Prosecutor that signatures of the alleged victims were obtained under pressure. 6. In the above circumstances, the following order is passed: I) Bail is granted to petitioners (accused 3 and 4) on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: a) Petitioners 2 and 3 shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM, until further orders. BA.6726/08 3 b) Petitioners 2 and 3 shall not enter the limits of the police station within which the crime is registered, except for compliance of direction in condition No. (a) above. c) Petitioners 2 and 3 shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. II) Prayer for bail by first petitioner (first accused) is rejected. Petition is partly allowed. K.HEMA, JUDGE vgs.