IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Bail Appl..No. 4233 of 2010() ----------------------------- CRIME NO.244/10 OF KURATHIKADU POLICE STATION, ALAPPUZHA .................... (S): PETITIONER/4TH ACCUSED ------------------------------------------ MURALEEDHARAN,AGED 52YEARS, S/O.KOCHUNARAYANAN,KALEEKKAL VEEDU, VATHIKULAM MURI,THEKKEKKARA VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, REP. BY CIRCLE INSPECTOR,MAVELIKKARA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2010, ALONG WITH B.A.4395/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application Nos.4233 & 4395 of 2010 ---------------------------------------------- Dated 30th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 449, 323, 341, 324, 506(ii), 307 and 302 read with Section 34 of the Indian Penal Code. According to prosecution, on 15.6.2010 at about 4 p.m., accused nos.1 to 3 came in a car driven by the 4th accused and trespassed into the house of the deceased and assaulted him and committed murder of the deceased by beating with weapons etc. Thereafter, accused nos.1 to 3 went back from the scene in a car driven by the 5th accused. 3. Learned counsel for third accused submitted that no specific overt act is alleged against third accused and there is nothing to show that he shared any common intention. It is also submitted that third accused happened to be at the scene accidentally. The third accused has no criminal antecedence and he is not involved in any other case. He was arrested on 21.6.2010 and he is in custody for the past 40 days. 4. Learned counsel for 4th accused submitted that 4th BA Nos.4233 & 4395/10 2 accused was not present at the scene, where the incident happened. He only dropped accused nos.1 to 3 in front of the house of the deceased. In fact, he was going to pick his daughter from the school and on the way, he dropped accused nos.1 to 3 in front of the house of the deceased. He did not even wait for the others to come back. Except dropping of accused nos.1 to 3, nothing is revealed from the records to incriminate 4th accused with the crime, it is submitted. He was arrested on 15.6.2010 and he is in custody for the past 46 days. 5. Learned Public Prosecutor submitted that third accused had beaten deceased with a stick and inflicted injuries on him. Apart from this, he also criminally intimidated two persons, who came rushing to rescue the deceased. It is not correct to say that no overt act is alleged against him or that he had not shared any common intention etc. As far as 4th accused is concerned, it is true that his car was not waiting outside. According to prosecution case, he had dropped accused nos.1 to 3 in front of the house of the deceased. The 5th accused, who has only limited role, was granted bail by this court, as per order dated 5.7.2010 in B.A.4074/10. BA Nos.4233 & 4395/10 3 6. On hearing both sides and on considering the various facts and circumstances, I am not inclined to grant bail to the third accused at this stage, taking into account his specific role in the offence. However, considering the limited role of 4th accused, I think, he can be granted bail. It is also to be noted that 5th accused, in whose car accused nos.1 to 3 left the place, after boarding the car at a distance of 1 Km., was granted bail by this court. Hence, the following order is passed : (1) 4th accused shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) The 4th accused shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10a.m. and 1 p.m. until further orders. (ii) The 4th accused shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i) (ii) The 4th accused shall not influence or intimidate any witness or tamper with evidence. BA Nos.4233 & 4395/10 4 (2) The prayer for bail by third accused is rejected. Bail Application No.4233/10 is allowed and Bail Application No.4395/10 is dismissed. K.HEMA, JUDGE. tgs