IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2435 of 2010() ----------------------------- SC.885/2006 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA .................... PETITIONER/IST ACCUSED ------------------------------------------ RONI THOMAS,S/O.GEORGE,MALIYEKKAL(H), MUKKANNUR VILLAGE,ANGAMALY,ERNAKULAM DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No.2435 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of May, 2010 ORDER This is a bail application filed by the first accused in Sessions Case No.885/2006 of Addl.Sessions Court, Vadakara under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that on February 11, 2006 he along with 9 other accused persons intercepted a Qualis car bearing Reg.No.KL-11-S/3468 at 9.30 p.m. at 9th Hairpin bent at Thamarassery and committed the murder of deceased Abdul Kareem and caused injuries to the defacto complainant, who was the driver of the Qualis car and thereby committed the offence punishable under Sections 143, 147, 148, 341, 363, 307, 302 and Section 120(B) r/w Sec. 149 of IPC. 3. According to the prosecution, accused persons who are hired goondas committed the murder at the instance and instigation of accused No.7 due to business rivalry. Petitioner was arrested on April 5, 2006 and he was granted bail by this court. The trial of the case was scheduled to be held on 27/04/2009. On the previous date, the petitioner attempted to commit suicide. Thereafter, petitioner was arrested and produced before the trial court and the trial court refused to entertain his bail application. He B.A.No.2435/2010 2 filed Bail Application No.5530/2009 before this court which was dismissed by order dated October 1, 2009. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. It is submitted by the learned Public Prosecutor that 120 witnesses were already examined in this case and trial is going on. Counsel for the petitioner submitted that questioning under Section 313 of Cr.P.C. is already over, but, 4th accused has filed a petition Crl.M.C.No.1396/2010 before this court and this court has stayed the further proceedings in the case. Therefore, I feel that petitioner can be released on bail now if he undertakes that he should appear before the trial court on all posting dates. In the result, petition is allowed. Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the Sessions court . He shall appear before the trial court on all hearing dates, failing which, trial court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. B.A.No.2435/2010 3