IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2435 of 2010()
1. RONI THOMAS,S/O.GEORGE,MALIYEKKAL(H),
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.JESWIN P.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :06/05/2010
O R D E R
P.Q.BARKATH ALI, J.
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B.A.No.2435 OF 2010
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Dated this the 6th day of May, 2010
ORDER
This is a bail application filed by the first accused in Sessions Case
No.885/2006 of Addl.Sessions Court, Vadakara under Section 439 of
Cr.P.C.
2. The allegation against the petitioner is that on February 11, 2006
he along with 9 other accused persons intercepted a Qualis car bearing
Reg.No.KL-11-S/3468 at 9.30 p.m. at 9th Hairpin bent at Thamarassery and
committed the murder of deceased Abdul Kareem and caused injuries to the
defacto complainant, who was the driver of the Qualis car and thereby
committed the offence punishable under Sections 143, 147, 148, 341, 363,
307, 302 and Section 120(B) r/w Sec. 149 of IPC.
3. According to the prosecution, accused persons who are hired
goondas committed the murder at the instance and instigation of accused
No.7 due to business rivalry. Petitioner was arrested on April 5, 2006 and
he was granted bail by this court. The trial of the case was scheduled to be
held on 27/04/2009. On the previous date, the petitioner attempted to
commit suicide. Thereafter, petitioner was arrested and produced before the
trial court and the trial court refused to entertain his bail application. He
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filed Bail Application No.5530/2009 before this court which was dismissed
by order dated October 1, 2009.
4. Notice given to the learned Public Prosecutor. This petition is
opposed by the learned Public Prosecutor.
5. Heard learned counsel for the petitioner and the learned Public
Prosecutor.
6. It is submitted by the learned Public Prosecutor that 120
witnesses were already examined in this case and trial is going on. Counsel
for the petitioner submitted that questioning under Section 313 of Cr.P.C. is
already over, but, 4th accused has filed a petition Crl.M.C.No.1396/2010
before this court and this court has stayed the further proceedings in the
case. Therefore, I feel that petitioner can be released on bail now if he
undertakes that he should appear before the trial court on all posting dates.
In the result, petition is allowed. Petitioner shall be released on bail
on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand
only) with two solvent sureties for like sum each to the satisfaction of the
Sessions court . He shall appear before the trial court on all hearing dates,
failing which, trial court can cancel his bail.
P.Q.BARKATH ALI
JUDGE
sv.
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