Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE28H DAY OF OCTOBER20136TH KARTHIKA, 1935 Bail Appl..No. 7020 of 2013 () ------------------------------------------ AGAINST THE ORDER
IN CRL.M.C .2042/2013 of SESSIONS COURT, THRISSUR DATED0710-2013 CRIME NO. 1180/2013 OF THRISSUR TOWN WEST POLICE STATION , TRISSUR APPLICANT/ACCUSED NO.8 : -------------------------------------- ANOOP, AGED26YEARS, S/O.RAJAN, MADATHIPARAMBIL HOUSE, WINTAGE ROYAL APARTMENTS, MACHINGAL LANE, THRISSUR. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SMT.M.A.SHEEBA SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2810-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/28/10 THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.7020 of 2013 -------------------------------------------- Dated this the 28th day of October 2013 ORDER
Petitioner is the 8th accused, in Crime No.1180 of 2013 of the Thrissur Town West Police Station for the offences punishable under Secs.302, 109, 120(b) and 212 read with Sec.34 of the Indian Penal Code.
2. Case is that on 16.08.2013 at about 6.30 p.m., as a result of the criminal conspiracy, the accused caused death of the son of the defacto complainant with deadly weapon. Petitioner is in custody from 10.09.2013.
3. Learned counsel submits that the allegation against the petitioner is only that he facilitated the other accused to escape from the place of occurrence giving them financial assistance. It is submitted that the petitioner is not a party to the alleged conspiracy or murder.
4. Learned Public Prosecutor has opposed the application.
5. Having regard to the fact situation in the case, I am inclined to grant bail to the petitioner but, subject to stringent conditions since the grant of bail should not affect further investigation and to prevent recurrence of such Bail Appl. No.7020 of 2013 2 incidents in future. Resultantly, the application is allowed as under. Petitioner is granted bail in crime No.1180 of 2013 of the Thrissur Town West Police station and shall be released, if not required to be detained otherwise on executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
1. The bail bond shall be executed within three weeks from this day. 2) One of the sureties shall be a close relative of the petitioner. 3) Petitioner shall report to the officer investigating Crime No.1180 of 2013 of the Thrissur Town West Police station on every Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. 4) Petitioner shall report to the investigating officer as and when required for interrogation. 5) Petitioner shall surrender his passport Bail Appl. No.7020 of 2013 3 before the learned Magistrate while executing the bail bond and in case he has none, file affidavit to that effect. 6) Petitioner shall not get involved in any offence during the period of this bail. 7) Petitioner shall co-operate with the investigation of the case. 8) Petitioner shall not influence or intimidate the witnesses. 9.) In case any of the above condition is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case and thereafter, before the learned Sessions Judge, Thrissur for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE NS Bail Appl. No.7020 of 2013 4