IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3719 of 2011() (CRIME NO.120/2011 OF TOWN SOUTH POLICE STATION, PALAKKAD) ----------------------------- APPLICANTS/ACCUSED -------------------------------------- 1. PRASANTH @ KANNAN,AGED 21 YEARS, S/O.SIVAN,33/397,KOZHIPARAMBU,VADAKKANTHARA, PALAKKAD. 2. MANIKANDAN @ APPU,AGED 26 YEARS, S/O. KANNAPPAN,18/307,CHETTITHERUVU,SULTHANPET, PALAKKAD. 3. RAJEEV, AGED 24 YEARS,S/O.RAJAN, CHIRAKKAD, KUNNATHUMEDU, PALAKKAD. 4. MANIKANDAN @ MANI,AGED 22 YEARS, S/O.KARUPPUSWAMI,16/B-392 KANAL PURAMPOKU, CHIRAKKAD, KUNNATHURMEDU,ALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REP.THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. PUBLIC PROSECUTOR MR. S U NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3719 of 2011 ------------------------------------- Dated this the 20th day of May 2011 Order Petitioners are the accused in Crime No.120/2011 of Town South Police Station, Palakkad for the offences punishable under Sections 143, 147, 148, 341, 323, 302, 120(B) read with Section 149 IPC. The first petitioner was arrested on 28.03.2011, the second and third petitioners from 16.03.2011 and the fourth petitioner from 13.03.2011. Their bail applications were dismissed by the trial Court. 2. The allegation against the petitioners is that on 03.03.2011, they formed themselves into an unlawful assembly and with a common object, wrongfully restrained one Alex and murdered him by stabbing with a knife and assaulted his friend at Palayapetta, Palakkad. 3. Petitioners seek regular bail. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone BA 3719/11 2 through the available records. 5. The petitioners have been under judicial custody from the above mentioned dates. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that they will abide any condition that may be imposed on them, the first accused is granted bail w.e.f. 30.05.2011, second and third accused w.e.f.24.05.2011 and the fourth accused from 22.05.2011, subject to the following conditions: i. Each of the accused shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the JFCM-II, Palakkad. If the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and BA 3719/11 3 Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passports, they should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the JFCM Court-II, Palakkad, without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioners will furnish the correct residential BA 3719/11 4 address and should also make available land phone number /mobile number or contact number. The petitioners shall not shift their residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta The name of the lower court “JFCM-II, Palakkad” occurring in clauses (i) and (v) of paragraph 5 (pages 2 and 3) of the order dated 20.05.2011 in BA No.3719/2011 is corrected and substituted as “Judicial First Class Magistrate Court-III, Palakkad” as per the order dated 27.05.2011 in Crl.M.A.No.3113 in BA No.3719/2011. Sd/- Registrar (Judicial) BA 3719/11 5 BA 3719/11 6