IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Bail Appl..No. 1993 of 2011() ----------------------------- CRIME NO.50/2011 OF CHERPU POLICE STATION PETITIONERS/ACCUSED NOS.2 TO 5 AND 7 TO 10 -------------------------------------------------------- 1. SUNIL, S/O. SANAKARANKUTTY, KALICHATH HOUSE, MUTHULLIYAL DESOM, CHERPU VILLAGE 2. AJITH, S/O. THANKA, THOZHUKAD HOUSE, MOOTHRATHIKARA DESOM, THOTTIPAL VILLAGE. 3. ABILASH, S/O. ARAVINDAN, PALIYAN HOUSE, NEDUMBAL VILLAGE, THOTTIPAL DESOM. 4. RAJEEV @ MAKKU, S/O. RAMAKRISHNAN, VALLIVATTAM HOUSE, ANANDHAPURAM DESOM, MURIYAD VILLAGE. 5. SARATH @ SARAVANAN, S/O. RAMAKRISHNAN, CHERUVAL MARASSARI HOUSE, PARAPPUKKARA, THOTTIPAL VILLAGE. 6. SREEJITH @ POLU, S/O. SUDHAKARAN, VELLAYATH HOUSE, ANANDAPURAM VILLAGE, AND DESOM. 7. ANEESH @ THAKKUDU, S/O. KOCHUMON, KALLAYIL HOUSE, RAPPAL VALLAM DESOM, THOTTIPAL VILLAGE. 8. UNNIKRISHNAN @ VALLI, S/O. VALSALA, THOZHUKKATTIL HOUSE, THOTTIPAL VILLAGE AND DESOM. BY ADV. SRI.A.C.DEVY B.A.No.1993/2011 RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------------- Bail Application No.1993 of 2011 --------------------------------------------------------- Dated this the 23rd day of March, 2011. ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.2 to 5 and 7 to 10 in Crime No.50 of 2011 of Cherpu Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 336 & 302 read with Section 149 I.P.C., seek their enlargement on bail. The petitioners were arrested on 28/01/2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the 3rd, 4th, 5th, 6th & 8th petitioners (A4, A5, A7, A8 & A10), the relative conduct of the parties, the extent of the injury sustained, the propensities and antecedents of the 3rd, 4th, 5th, 6th & 8th petitioners (A4, A5, A7, A8 & A10), the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the 3rd, 4th, 5th, 6th & 8th petitioners (A4, A5, A7, A8 & A10) are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the 3rd, 4th, 5th, 6th & 8th petitioners (A4, A5, A7, A8 & B.A. No.1993/ 2011 -2::- A10) making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the 3rd, 4th, 5th, 6th & 8th petitioners (A4, A5, A7, A8 & A10) at this stage. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the 1st, 2nd & 7th petitioners (A2, A3 & A9), the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 1st, 2nd & 7th petitioners (A2, A3 & A9). Accordingly, the 1st, 2nd & 7th petitioners (A2, A3 & A9) are directed to be released on bail with effect from 06/04/2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed. 2. Except for the purpose of complying with Condition No.1, the 1st, 2nd & 7th petitioners (A2, A3 & A9) shall not enter the limits of Thrissur district until the final report is filed. 3. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 4. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall make themselves available for interrogation as and B.A. No.1993/ 2011 -3::- when required by the police at any time till the filing of the final report. 5. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall not establish any contact with any of the witnesses or accused in the case. 6. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 7. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall not commit any offence while on bail. 8. The 1st, 2nd & 7th petitioners (A2, A3 & A9) shall notify their place of residence before executing the bail bond. If the 1st, 2nd & 7th petitioners (A2, A3 & A9) commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed in part as above. Dated this the 23rd day of March, 2011. V.RAMKUMAR, JUDGE. skj