IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7413 of 2009 CRIME NO.RC7(S)/2008/CBI/SCB/CHENNAI CRIME NO.373 OF 2008 OF IRITTY POLICE STATION PETITIONERS/ACCUSED 10 & 11 ----------------------------------------------- 1. P.V.NARAYANAN, SON OF KRISHNAN, AGED 60 YEARS, RESIDING AT P.V.NIVAS, KAKKAYANGAD .P.O., PERAVOOR VIA., KANNUR DISTRICT. 2. BHASKARN.V.V., SON OF PAITHAL, AGED 59 YEARS, RESIDING AT SURABHI HOUSE, UVVAPALLI, VILAKODE.P.O., IRITTY VIA., KANNUR DISTRICT. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.ALAN PAPALI SRI.V.V.SURESH RESPONDENTS: COMPLAINANTS --------------------------- 1. C.B.I. REPRESENTED BY THE STANDING COUNSEL, C.B.I., HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7413 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.10 and 11 in C.P.No.4 of 2009 on the file of the Court of the Chief Judicial Magistrate of Ernakulam. 2. The offences alleged against the petitioners are under Sections 120B, 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 23.6.2008 at 1.30 PM, the deceased, a worker of the National Democratic Front was murdered by the accused persons. Originally, the petitioners were not included in the array of accused. It is stated that as per the order passed by this court in W.P.(C) No.20767 of 2008 filed by the mother of the victim, investigation of the case was handed over to the Central Bureau of Investigation. On 27.9.2008, the Central Bureau of Investigation took over investigation. The petitioners were added as B.A. NO. 7413 OF 2009 :: 2 :: accused Nos.10 and 11 and they were arrested on 11.11.2009. The petitioners were remanded to judicial custody. 4. Learned counsel for the petitioners submitted that accused Nos.1 to 9 were arrested at the crime stage and they were released on bail. During the committal proceedings, accused Nos.1 to 9 appeared on summons and they were released on bail. 5. It is submitted that there is no case for the prosecution that accused Nos.10 and 11 have committed some overt acts. The allegation is that accused Nos.10 and 11 participated in the conspiracy leading to the offence. It is stated that accused No.1 stabbed the victim. The petitioners are the office bearers of the Communist Party of India (Marxist) at Iritty. 6. The Bail Application is opposed by the counsel appearing for the Central Bureau of Investigation. 7. It is submitted by the learned counsel appearing for the Central Bureau of Investigation that, after completing the investigation, charge sheet was filed in the case on 20.11.2009. B.A. NO. 7413 OF 2009 :: 3 :: 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioners. 9. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam, subject to the following conditions: a) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; c) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/