IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5109 of 2009() ----------------------------- CRIME NO.323/09 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITIONER (S): A6 & A9: ---------------------------- 1. RAJENDRAN @ POKKADA RAJENDRAN, (A6) S/O.SOMAN, PANAYIL VEEDU, T.C.7/933, NEAR RAVISHANKAR ASRAMAM, MARUTHANKUZHY, PANGODE WARD, SASTHAMANGALAM VILLAGE. 2. RADHAKRISHNAN (A9) S/O.SASIDHARAN. T.C.7/398, VKP NAGAR, KANJIRAMPARA, PANGODE WARD, SASTHAMANGALAM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): --------------- THE SUB-INSPECTOR OF POLICE, MUSEUM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5109 of 2009 --------------------------------------------- Dated this the 16th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 11 in Crime No.323 of 2009 of Museum Police Station, Thiruvananthapuram. They were originally arrayed as accused Nos.6 and 9 in the crime. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 109, 120 B, 201 and 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. It would appear that this case arose out of rivalry between two groups of goondas operating in and around Trivandrum city. One Thampan @ Sreekumar, who was the brother of Keppan Ani, the first accused in the present case, was allegedly murdered by a goonda group. One Althara Binish was the first accused in the case of murder of Thampan @ Sreekumar. 4. The prosecution case is that to take revenge on the assailants in the case of the murder of Thampan @ Sreekumar, BA No.5109/2009 2 the accused persons in the present case committed murder of Althara Binish on 01.06.2009 at 2.15 P.M. in the heart of Trivandrum city. 5. The first petitioner (accused No.2) was arrested on 11.06.2009 and the second petitioner (11th accused) was arrested on 08.06.2009. They were remanded to judicial custody. 6. When the Bail Application came up for hearing on 10.9.2009, it was submitted by the learned counsel for the petitioners that the petitioners, namely, Rajendran @ Pookkada Rajendran and Radhakrishnan are not involved in any other offence and that no case is pending against them. The learned Public Prosecutor was granted time to verify the correctness of the statement. Today, the learned Public Prosecutor submitted, on instructions, that no cases are pending against the petitioners. However, the learned Public Prosecutor very vehemently opposed the Bail Application. He submitted that a tense situation is prevailing in and around Thiruvanathapuram due to the rivalry of the goonda gangs. If the petitioners are released on bail, it would affect the safety of not only the people of the locality but of the petitioners as well. BA No.5109/2009 3 7. Charge was laid in the case on 29.8.2009. Now, the case is numbered as C.P.No.41 of 2009 before the court of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. It is submitted that the case is now posted to 24.9.2009. 8. The learned counsel for the petitioners submitted that the first petitioner is running a flower-mart and the second petitioner is an autorickshaw driver. If the petitioners are further detained, it would cause much prejudice to the petitioners as well as their family members. It is also submitted by the learned counsel for the petitioners that the petitioners are prepared to abide by any conditions that may be imposed by the court for granting bail. 9. 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 the charge was laid in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.1,00,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First BA No.5109/2009 4 Class-III, Thiruvananthapuram, subject to the following conditions: a) The petitioners shall not enter into any part of Thiruvanathapuram District until further orders except for appearing before court in C.P.No.41 of 2009 pending before the Judicial Magistrate of the First Class-III, Thiruvananthapuram; b) The petitioners shall furnish their full address in which they are residing and telephone numbers to the Commissioner of Police, Thiruvananthapuram; c) The petitioners shall report before the District Superintendent of Police, Kollam on every Monday, Wednesday and Friday between 9 A.M. and 11 A.M. until further orders. On such reporting on the days mentioned above, the District Superintendent of Police, Kollam shall give the necessary information to the Commissioner of Police, Thiruvananthapuram on the respective dates themselves; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl