Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE3D DAY OF MARCH201412TH PHALGUNA, 1935 BAIL APPL..NO. 1378 OF2014() ------------------------------- CRIME NO. 13/2014 OF PAYANGADI POLICE STATION, KANNUR ----------------------------- ACCUSED(S)/ACCUSED13-5 : --------------------------- 1. BIJU K.M., AGED32YEARS, S/O.DAMODARAN, KANA MEETHALE VEEDU, KANKOLE AMSOM, ALAKKAD.
2. RAMESHAN P., AGED35YEARS, S/O.DAMODARAN, THOTTON HOUSE, KARAYIL, VELLUR AMSOM, PAYYANNUR.
3. VIPIN M., AGED21YEARS, S/O.NARAYANAN, MATTOKKARAN HOUSE, RAMANTHALI AMSOM, KAKKAMPARA.
4. BIJU C., AGED30YEARS, S/O.PURUSHOTHAMAN, CHOORIKKAD HOUSE, RAMANTHALI AMSOM, KAKKAMPARA. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN COMPLAINANT(S)/STATE: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CRIME NO.13/2014 OF PAYANGADI POLICE STATION KANNUR DISTRICT). BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0303-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.1378 of 2014 -------------------------------------------- Dated this the 3rd day of March 2014 ORDER
Petitioners are accused nos. 1 and 3 to 5 in Crime No.13 of 2014 of the Payangadi Police station for the offences punishable under Secs.120B, 341, 323, 324 and 307 read with Sec.34 of the Indian Penal code, are in custody from 08.01.2014 to 10.01.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 04.01.2014 at the relevant time in retaliation of murder of one Vinod Kumar (that also on account of political rivalry) these accused and others attempted to cause death of one Ratheesh with chopper etc. Ratheesh sustained serious injuries and his dying declaration was recorded. Some of the accused are yet to be arrested. The 1st accused is involved in two other crimes registered by the Payyannur Police while the 3rd accused is involved in one case. Investigation of the case is not completed. Bail Appl. No.1378 of 2014 2 3. Learned counsel has submitted that these accused are in custody from 08.01.2014 to 10.01.2014 onwards, chopper allegedly used by 1st accused is recovered and further detention of these accused is not required.
4. It appears that there is specific role attributed to the 1st accused in that he (allegedly) assaulted Ratheesh with chopper. He is reported to be involved in two other cases also having political colour. Having regard to these circumstances, request of the 1st accused for bail cannot be allowed at this stage.
5. So far as accused nos.3 to 5 are concerned, allegation against accused nos.3 and 5 appears to be criminal conspiracy while the 4th accused is said to have restrained the injured. The motor cycle he allegedly used is also recovered. In the circumstance, I am inclined to grant relief to the accused nos.3 to 5. The application is allowed in part as under. I. Request of the 1st petitioner/1st accused for bail is rejected leaving it open to him to move again at a later stage. Bail Appl. No.1378 of 2014 3 II. Petitioners 2 to 4/ accused nos.3 to 5 are granted bail in Crime No.13 of 2014 of the Payangadi Police station and shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions. (a) One of the sureties shall be a close relative of any of petitioners 2 to 4/ accused nos.3 to 5 . (b) Petitioners 2 to 4/ accused nos.3 to 5 shall report to the investigating officer on every Saturday between 10.00 am and 12.00 pm until filing of the final report. (c) Petitioners 2 to 4/ accused nos.3 to 5 shall report to the investigating officer as and when required for interrogation. (d) Except if necessary for compliance with condition nos. (b) and (c ), petitioners 2 to 4/ accused nos.3 to 5 shall not until Bail Appl. No.1378 of 2014 4 otherwise ordered by and except with the permission of the learned magistrate until committal and thereafter of the Principal Sessions Judge concerned, enter Kalliassery Kara. (e) Petitioners 2 to 4/ accused nos.3 to 5 shall not get involved any offence during the period of this bail. (f) Petitioners 2 to 4/ accused nos.3 to 5 shall not intimidate or influence the witnesses. III. In case any of condition nos. (b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge