IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7870 of 2010() ----------------------------- CRIME NO.2862 OF 2010 OF ALUVA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. JOEMON, S/O.VARGHESE, VELLEMBILLY HOUSE, MANAKKAPADY, ASOKAPURAM P.O., ALUVA. 2. BABU, S/O.VARGHESE, VELLEMBILLY HOUSE, MANAKKAPADY, ASOKAPURAM P.O., ALUVA. 3. THOMAS, S/O.VARGHESE, VELLEMBILLY HOUSE, MANAKKAPADY, ASOKAPURAM P.O., ALUVA. 4. JOHNSON, S/O.VARGHESE, VELLEMBILLY HOUSE, MANAKKAPADY, ASOKAPURAM P.O., ALUVA. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.7870 of 2010 ------------------------------------------------------ Dated this the 06th day of December, 2010 ORDER The petitioners, who are accused Nos.1 to 4 in Crime No.2862 of 2010 of Aluva Police Station for offences punishable under Sections 341, 323, 324, 447, 427, 294(b) & 302 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 12/10/2010. 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 first petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the first petitioner, 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 first petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the first petitioner at this stage. Bail Appln.No.7870/2010 : 2 : 4. Having regard to the nature of the offences, the duration of judicial custody undergone by 2nd, 3rd & 4th petitioners (A2 to A4), the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to 2nd, 3rd & 4th petitioners (A2 to A4). Accordingly, 2nd, 3rd & 4th petitioners (A2 to A4) are directed to be released on bail with effect from 17/12/2010 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. 2nd, 3rd & 4th petitioners (A2 to A4) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 2nd, 3rd & 4th petitioners (A2 to A4) shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. 2nd, 3rd & 4th petitioners (A2 to A4) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. Bail Appln.No.7870/2010 : 3 : 4. 2nd, 3rd & 4th petitioners (A2 to A4) shall not commit any offence while on bail. If the petitioners 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. V.RAMKUMAR, JUDGE skj