Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE29H DAY OF OCTOBER20137TH KARTHIKA, 1935 Bail Appl..No. 7177 of 2013 () ------------------------------- CRIME NO. 771/2013 OF TOWN WEST POLICE STATION , TRISSUR PETITIONER/ACCUSED NO.7: ------------------------------------------- SANOOP, S/O.GOPI, AGED26YEARS MANJAKATTIL HOUSE, ADAT, UDALAKKAVU TEMPLE THRISSUR DISTRICT. BY ADVS.SRI.R.PARTHASARATHY SMT.SEEMA COMPLAINANT(S): ------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. CIRCLE INSPECTOR OF POLICE, TOWN WEST CIRCLE, THRISSUR, THRISSUR DISTRICT687001. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2910-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MNS THOMAS P.JOSEPH, J.
========================= Bail Application No. 7177 of 2013 ============================ Dated this the 29th day of October, 2013 ORDER
Petitioner is the 7th accused, in Crime No.771 of 2013 of the Thrissur West police station for the offences punishable under Secs. 302, 109, 120(b) and 201 r/w. Sec. 34 of the Penal Code, is in custody from 04.06.2013 and seeks bail.
2. Learned Public Prosecutor has submitted that on 01.06.2013 at about 09:30 a.m., some of the accused caused death of one Madhu in retaliation of murder of another person. The second accused who is a witness in the case involving Madhu, is said to have been threatened by the said Madhu against giving evidence. Petitioner is a close friend and associate of the second accused and on the occurrence of death, they were found moving in a motor cycle observing movement of the deceased. According to the prosecution, the petitioner is also a party to the criminal conspiracy B.A No.7177 of 2013 2 which led to the murder of Madhu. It is submitted that there was a spate of murders in the locality connected with the present incident as well.
4. learned counsel submits that petitioner has no role in the incident and that he is in custody from 04.06.2012.
5. Having regard to the fact that the petitioner is in custody from 04.6.2013 and as it is reported that the case is already committed for trial, I am inclined to grant bail but subject to stringent conditions. Resultantly, this application is allowed as under:- Petitioner is granted bail in Crime No.771 of 2013 of the Thrissur West police station and will be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned Principal Sessions Judge, Thrissur (in case the case is made over for trial to any of the Additional Sessions Court, then to the satisfaction of the said court) subject to the following B.A No.7177 of 2013 3 conditions:- a) The bail bond shall be executed within two weeks from this day. b) One of the sureties shall be a close relatives of the petitioner. c) Petitioner shall report to the Station House Officer, Irinjalakkuda on every Saturday between 10:00 a.m. and 12:00 p.m. until otherwise ordered by the learned Principal Sessions Judge, Thrissur (or the trial judge in case the case is made over for trial to any of the additional Sessions Judges). d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall not go beyond the Thrissur District except with the permission of the learned Principal Sessions Judge, Thrissur (or the trial judge as aforesaid). e) Petitioner shall not get involved in any offence during the period of this bail. f) Petitioner shall not intimidate/influence the witnesses. g) It is made clear that in case any of the above conditions is violated, it is open to the Investigating B.A No.7177 of 2013 4 Officer to seek cancellation of the bail granted hereby by moving application before the learned Principal Sessions Judge or the trial judge as aforesaid, as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv