IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8747 of 2010()
1. SREEKANTAN,S/O.NARAYANAN NAIR,
... Petitioner
2. SURESH KUMAR,S/O.NARAYANAN NAIR,
3. SUMESH,S/O.SUBRAMANIAN,CHERADI HOUSE,
4. SUDHEESH,S/O.APPUNNI, KOROTT HOUSE,
5. VISWAN,S/O.RAVI,MADAMPARA HOUSE,
6. SUJIN,S/O.UNNIKRISHNAN,VADAKATH HOUSE,
Vs
1. STATE OF KERALA,REP.BY PUBLIC
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 8747 of 2010
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Dated this the 10th day of January, 2011.
O R D E R
In this Petition filed under Sec. 439 Cr.P.C., the petitioners,
who are accused Nos.1 to 6 in Crime No.902 of 2010 of
Guruvayoor Police Station for offences punishable under Sections
143, 147, 148, 341, 324 and 307 r/w Section 149 I.P.C., seek their
enlargement on bail. The petitioners were arrested on
20.12.2010.
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 and antecedents 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
B.A. No. 8747/2010 : 2:
likelihood of the first petitioner making himself scarce and
fleeing from justice. I am, therefore, not inclined to grant bail to
the first petitioner at this stage.
4. Having regard to the nature of the offences, the duration
of judicial custody undergone by petitioners 2 to 6, the present
stage of investigation of the case and the other circumstances of
the case etc., I am inclined to grant bail to petitioners 2 to 6.
Accordingly, petitioners 2 to 6 are directed to be released on bail
w.e.f 19.01.2011 on their 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. Petitioners 2 to 6 shall report before
the Investigating Officer between 9 a.m.
and 11 a.m. on all Wednesdays.
2. Petitioners 2 to 6 shall make themselves
available for interrogation as and when
required by the police at any time till the
filing of the final report.
3.. Petitioners 2 to 6 shall not influence
or intimidate the prosecution witnesses norB.A. No. 8747/2010 : 3:
shall they attempt to tamper with the
evidence for the prosecution.
4. Petitioners 2 to 6 shall not commit
any offence while on bail.
If petitioners 2 to 6 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.
rv