IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3624 of 2009() ----------------------------- CRIME NO.63/2006 OF KILIMANOOR POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- SHAJI @ SHAJAHAN, S/O.SAINULABDEEN, VILAYIL PUTHEN VEEDU, PARASAKTHI DEVI TEMPLE ROAD, CHEKKALAKONAM, NAGAROOR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT. --------------------------- 1. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, ALONG WITH B.A.NO.3623/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------- B.A.Nos.3623 & 3624 of 2009 --------------------------------------------------- Dated this the 29th day of July, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in both these Bail Applications is the same person, namely, Shajahan @ Shaji, who is accused No.2 in Crime No.63 of 2006 of Kilimanoor Police Station and the first accused in Crime No.169/CR/TVM/06 of CBCID, Thiruvananthapuram. 2. Bail Application No.3624 of 2009 relates to Crime No.63 of 2006 of Kilimanoor Police Station. The offences alleged against the petitioner in that case are under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 of the Indian Penal Code. There are altogether 5 accused persons in that case. The petitioner is the second accused. The prosecution case is that on 3.2.2006 at 4.30 A.M., the accused persons, in execution of the conspiracy hatched by them earlier to assassinate one Sunil Kumar, came to the scene of occurrence at 4.30 A.M. and waited for Sunil Kumar, who is a newspaper agent, to reach the place. While they were waiting, they saw a person coming riding on a BA Nos.3623 & 3624/2009 2 motor bike. Under the impression that it was Sunil Kumar, they attacked the rider of the motor bike. But, the rider of the motor bike was Sivaprasad, driver of a KSRTC bus. He sustained serious injuries. He cried aloud and stated that he is a “poor driver of a KSRTC bus”. Realising that there was a mistaken identity of the person whom they wanted to deal with, the accused persons escaped. 3. However, the accused persons did not abandon the idea to assassinate Sunil Kumar. They conspired together again and decided to execute the crime almost at the same place. All the accused were directed to come to the scene of occurrence by the first accused. The first accused assured that he would bring the weapons for commission of the offence. Apart from the 5 persons involved in Crime No.63 of 2006, two other persons also participated in the execution of the offence and three other persons took part in the conspiracy. Accused Nos.1 to 7 (in Crime No.169/06) waited for Sunil Kumar to come. They found Sunil Kumar taking the newspaper bundle and sorting it out. At that time, the accused persons rushed to the place in a vehicle and attacked Sunil Kumar with deadly weapons. Sunil Kumar BA Nos.3623 & 3624/2009 3 sustained fatal injuries. He died on the same day while in the hospital. Crime No.169/06 relates to the murder of Sunil Kumar. 4. B.A.No.3623 of 2009 relates to Crime No.169/CR/CR/TVM/06 of CBCID, Thiruvananthapuram. The case of murder of Sunil Kumar was originally registered as Crime No.270 of 2006 of Kilimanoor Police Station. Subsequently, the case was transferred to CBCID and it was registered as Crime No.169/CR/TVM/06 of CBCID, Thiruvananthapuram. The offences alleged against the accused are under Sections 120B, 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 5. The petitioner, who is the accused No.1 in Crime No.169/CR/TVM/06, surrendered before court on 12.5.2009. His formal arrest was recorded on 25.5.2009 in Crime No.63 of 2006. The petitioner is in judicial custody. He prays for the grant of bail. 6. Learned public prosecutors vehemently opposed the Bail Applications. They stated that in respect of the incidents in 2006, the petitioner could not be arrested till 2009 as he was all BA Nos.3623 & 3624/2009 4 through out absconding. He surrendered before court in 2009. If the petitioner is released on bail at this stage, he will flee from justice and there is every likelihood of the witnesses being influenced or intimidated by the petitioner. 7. In the facts and circumstances of the case, it cannot be said that the contention raised by the learned public prosecutors is without substances. I do not think that it is safe to release the petitioner on bail at this stage. If the petitioner is released on bail, there is every chance that he may indulge in activities in order to influence or intimidate the witnesses and to tamper with evidence. The Bail Applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl