IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 12TH SEPTEMBER 2006 / 21ST BHADRA 1928 Bail Appl..No. 5381 of 2006 ----------------------------- AGAINST THE ORDER IN BA.4995/2006 Dated 16/08/2006 CRIME NO.167/2006 OF IRITTY POLICE STATION .................... PETITIONER/ACCUSED ------------------------------------ P.K.VALSAN @ VALSAN THILIANGERY, AGED 42 YEARS, S/O. KOYYOTH BALAN, THILIANGERY AMSOM, CHALAPARAMBU DESOM, THALASSERY TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENTS: COMPLAINANT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K. RAVIKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5381/2006 ------------------ DATED THIS THE 12TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is before this Court, under Section 439 Cr.P.C., as the fourteenth accused in crime No.167/2006 of Iritty Police Station, for the offence punishable under Sections 143, 147, 148 and 302 IPC read with Section 149 IPC and also under Section 3 and 5 of the Explosive Substance Act and 27(1) of the Indian Arms Act. 2. On two occasions, the petitioner was granted bail, as per the order dated 19.7.2006 and 16.8.2006, in connection with the cremation of his father as well as the 40th day obituary ceremonies connected with the demise of his father. He was arrested on 3.7.2006. Except those nineteen days, when he was on bail, he is in judicial custody for the last 52 days. 3. The learned counsel submitted that the petitioner is under police protection because of the order of the Government, as he had been the worker of the B.A.5381/2006 2 R.S.S and the Hindu Iykya Vedi. The offence alleged against him is more so under Section 120B IPC, despite the other sections of the offence. It is also submitted that the petitioner is a person, who is running a parallel college at Iritty. 4. The learned Public Prosecutor, however, submitted that there is a tension in the locality and the petitioner being an important person in the organisation of R.S.S., as well as Hindu Iykya Vedi, the release of the petitioner may adversely affect the situation in the locality. The prosecution further submitted that the petitioner may not be allowed to enter the Sessions division of Kannur for sometime. 5. After hearing the submissions, in detail, made by either side, I grant bail and release the petitioner from jail, subject to the following conditions:- (a). The petitioner shall execute a bond for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class, Mattannur. B.A.5381/2006 3 (b). Immediately on release, the petitioner shall report before the Investigating Officer of Iritty police Station, who is investigating crime No.167/2006, and from there he shall go out of the sessions division of Kannur. (c). The petitioner shall not enter the sessions division of Kannur, for a period of three months. (d). The petitioner shall furnish the address of his residence to the Investigating Officer of the nearest police station, within which limit he would reside for the above period of three months. (e). The petitioner shall report before the S.H.O of the police station, where he would reside for the above said period. (f). On completion of the period of three months, he shall report before the Investigating Officer of Iritty police Station, on the first working day of every month, between 10.00 a.m and 11.00 B.A.5381/2006 4 a.m., till the final trial and disposal of the sessions case, by the competent Court of law. The application is allowed as above. J.M.JAMES JUDGE mrcs