IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7784 of 2008() ----------------------------- CRIME NO.1560/2008 OF KOTTARAKKARA POLICE STATION PETITIONER (S): A3:- -------------------- SUNILKUMAR, S/O. SURENDRAN PILLAI, MELOOTTU VEEDU, PUTHUPPADAPPU, AYOOR MURI, EDAMULAKKAL VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009 ALONG WITH B.A.NOS.7975/2008 AND 7978./2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos.7784, 7975 & 7978 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January,2009 O R D E R Petitions for bail. 2. The alleged offences are under sections 143, 147, 148, 323, 324, 308 read with section 149 IPC. Petitioner in BA.no.7784/2008 is the 3rd accused, petitioners in B.A. no.7975/2008 are accused 2, 4 and 5 and petitioner in BA. no.7978/2008 is 1st accused in the same crime. According to prosecution, petitioners along with other accused formed themselves into an unlawful assembly and committed culpable homicide by assaulting de facto complainant. A key was also used by 1st accused, while fisting de facto complainant. 3. The incident occurred on 11-12-2008 and petitioners were arrested on different dates, i.e., on 13-12-2008, 14-12-2008 and 18-12-2008. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, bail can be granted to petitioners on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties BA 7784/2008 and connected cases -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. These petitions are allowed. K.HEMA, JUDGE. mn.