IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 5905 of 2011() ----------------------------- CP.14/2010 of ADDL.C.J.M., ERNAKULAM CRIME NO.1242/2009 OF PANANGAD POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED NO.6 --------------------------------- NAZEER @ BHAI NAZEER, AGED 36, S/O.SHAMSUDHEEN, THATTEKADU VEEDU, MANAKKACHIRA BHAGOM, MARADU VILLAGE. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM RESPONDENT(S): COMPLAINANT -------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5905 of 2011 --------------------------- Dated this the 24th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.1242 of 2009 of Panangad Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 143, 147, 148, 450, 307 and 120B read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 21.10.2009. The petitioner was arrested on 1.11.2009. 4. One Jamaludheen, his wife and son sustained injuries on 21.10.2009 at 3.30 A.M. as a result of the alleged attack made by the accused persons in the case using dangerous weapons like sword stick and iron rods. Learned Public BA 5905/11 2 Prosecutor submitted that Jamaludheen sustained 36 cut injuries, his wife sustained 3 cut injuries and Jamaludheen's son sustained 8 cut injuries. 5. The prosecution case is that the crime was committed as instructed by Bhai Nazeer. At the relevant time, Bhai Nazeer was in judicial custody. It is stated that Bhai Nazeer is a notorious criminal and that he is capable of conducting operations of criminal activities with the help of his associates even while he remains in jail. According to the learned Public Prosecutor, the incident in the present case was such an incident where Bhai Nazeer orchestrated the incident with the help of the other accused persons. 6. After completing the investigation, charge sheet was filed on 15.2.2010 and the case is now pending as C.P.No.14 of 2010 on the file of the court of the Additional Chief Judicial Magistrate, Ernakulam. The petitioner moved an application for bail before the Additional Chief Judicial Magistrate's Court, Ernakulam. That application was dismissed by the order dated BA 5905/11 3 31st May, 2011. In that order, it is stated that the petitioner is the accused in several cases and that he is the leader of a quotation gang. The petitioner approached the Sessions Court for bail, but the prayer was rejected by the order dated 29th June, 2011. 7. The Bail Application is very seriously opposed by the learned Public Prosecutor Sri.V.Tekchand. 8. The learned senior counsel appearing for the petitioner submitted that in all the other cases except in one case, the petitioner was either acquitted or he was released on bail. It is submitted that the petitioner is in judicial custody in the present case as well as in another case. 9. The learned senior counsel submitted that CWs 1 to 3 are the injured and the occurrence witnesses. CWs 4 to 8 are the witnesses who had seen part of the occurrence while CWs 9 and 10 are cited to prove the political animosity between accused Nos.1 and 2 on the one hand and the injured on the other. The counsel submitted that these witnesses had not stated anything BA 5905/11 4 in their statements pointing out the complicity of the petitioner in the offence. It is submitted that even if all theses witnesses were to be examined, the guilt of the petitioner would not be proved. While dealing with this Bail Application, it is not necessary to arrive at a finding on this aspect. However, this submission also requires to be taken note of while considering the Bail Application. 10. The petitioner is in judicial custody since 23.11.2009. Charge sheet was laid on 15.2.2010. It is true that the petitioner is involved in several cases and the allegation is that he is a member of a quotation gang. He was released on bail in the pending cases except in one another case. In the peculiar facts and circumstances of the case, I do not think that continued detention of the petitioner in the present case would be justifiable. 11. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner on BA 5905/11 5 stringent conditions. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Ernakulam, subject to the following conditions: A) The petitioner shall surrender his passport before the Additional Chief Judicial Magistrate, Ernakulam. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Additional Chief Judicial Magistrate; B) The petitioner shall appear before the officer who laid the charge (Inspector of Police, Ernakulam Town South Police Station) on all Mondays till the trial of the case is over ; C) The petitioner shall not enter into the limits of Panangad Police Station for a period of three months ; D) The petitioner shall not try to influence the BA 5905/11 6 prosecution witnesses or tamper with the evidence; E) The petitioner 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. The petitioner shall be released from jail only if his detention is not required in any other case. K.T.SANKARAN JUDGE csl