IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Bail Appl..No. 3299 of 2010() ----------------------------- CRIME NO.111/08 OF VANCHIYOOR POLICE STATION ACCUSED NO.12,13,15 & 16 -------------------------------------------- 1. VINOD @ VINODKUMAR, S/O.PURUSHOTHAMAN, T.C.10/1237, CHENCHERRY VEEDU, CHENCHERRY LEKSHAM VEEDU COLONY, NALANCHIRA, ULLOOR VILLAGE. 2. SUBHASH, S/O.SUDHAKARAN, NEDIYAVILA VEEDU, CHEKKALAMUKKU, SREEKARIYAM P.O., ULLOOR VILLAGE. 3. SIVALAL, S/O.SIVASUTHAN, KAILASOM VEEDU, T.C.17/1950, PUNNAKKATHOPPU, KARIKKAKOM WARD, KADAKAMPALLY VILLAGE. 4. SHYAJU @ ARUNKUMAR, S/O.RAMAN VIJAYAMMA, THACHAN PARAMBIL VEEDU, NEAR MYLAPPALLY TEMPLE, KERALADITHYAPURAM DESOM, ULIYAZHATHURA VILLAGE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA RESPONDENT(S): COMPLAINANT/STATE -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3299 of 2010 ---------------------------------------------- Dated 4th June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 120B, 143, 147, 148, 149, 212, 201 and 302 of the Indian Penal Code and Section 27 of the Arms Act and Section 5 of the Explosive Substances Act. According to prosecution, accused in this case assaulted deceased Vishnu and committed murder of the deceased in the broad daylight on a public road in the capital city. The incident occurred on 1.4.2008. The victim is a C.P.I.(M) worker and the accused are workers of R.S.S. and B.J.P. The motive for the crime is political rivalry. 3. Petitioners are accused Nos.12, 13, 15 and 16. Learned counsel for petitioners submitted that bail was granted to accused Nos.1 to 10, as per order dated 11.8.2008 in B.A.4597/08, after elaborately considering the rival contentions in this case. Learned Director General of Prosecution was heard in the matter at length and there was strong objection from him. In BA NO.3299/10 2 spite of this, accepting the contentions raised by petitioners, bail was granted, it is submitted. Petitioners' names are not mentioned in the F.I.R. and they are falsely implicated at a later stage. It is also submitted that petitioners are totally innocent of the allegations made and they are in custody for the past 39 days, having been arrested on 27.4.2010. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners were absconding for a very long time, for about two years and they could be arrested only on 27.4.2010. If petitioners are released on bail, it is likely that they will abscond. Their names were included after two months of the incident. It is also submitted that charge sheet against accused Nos.1 to 10 is already submitted and charge sheet against petitioners could not be laid so far, since they were absconding. 5. On hearing both sides and on going through Annexure III order passed by this Court (in a bail application filed by accused Nos.1 to 10) and the rival contentions raised, and the fact that co-accused are granted bail, I do not find any ground to refuse bail to petitioners. Of course, the contention that BA NO.3299/10 3 petitioners were absconding can be taken into account and conditions can be imposed to prevent absconding. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Station House Officer of the Police Station concerned on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m., until further orders. (ii) Petitioners shall not enter the limits of the Police Station, within which crime is registered, except for compliance of condition No.1. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. BA NO.3299/10 4 (iv) Petitioners shall not leave Thiruvananthapuram District, without prior permission of the learned Magistrate. Petition is allowed. K.HEMA, JUDGE. tgs