Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE29H DAY OF OCTOBER20147TH KARTHIKA, 1936 Bail Appl..No. 7669 of 2014 () ------------------------------- CRIME NO. 208/2014 OF HARBOUR POLICE STATION, ERNAKULAM -------------- PETITIONERS/ACCUSED : ----------------------------------- 1. ERULANDI, AGED30YEARS, S/O.ARUMUGHAN, HOUSE NO542, KADALADI THALUK, RAMANATHAPURAM, TAMIL NADU2 MALLERI MUNIYANDI, AGED37YEARS, S/O.PERUMAL, KADALADI THALUK, RAMANATHAPURAM, TAMIL NADU BY ADV. SRI.T.B.GAFOOR RESPONDENT/STATE : ------------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, HARBOUR POLICE STATION, REPRESENTED BY THE PUBLICPROSECUTOR, HIGH COURT OF KERALA - 682 031 BY SENIOR PUBLIC PROSECUTOR SRI.C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2910-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bp B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - B.A.No.7669 of 2014 - - - - - - - - - - - - - - - - - - - -- - - - Dated this the 29th day of October, 2014 ORDER
Petition filed under Section 439 Cr.P.C.
2. Petitioners are accused Nos.1 and 2 in Crime No.208 of 2014 of the Harbour Police Station, pending investigation for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and the other accused is that on 9.3.2014, on account of their previous enmity towards the victim, the petitioners and the other accused in furtherance of their common intention, attacked the deceased. It is alleged that the first accused inflicted a sharp cut with a knife on the back of the head of the victim and the second accused beat him on his face with a soda bottle. It seems that the victim had succumbed to the said injuries. Thereafter accused 1 to 3 put a B.A.7669 of 2014 2 concrete block on the head of the victim and later dumped him in a drainage. Accused Nos.1 and 2 have been undergoing detention in custody for the period from 14.8.2014 onwards. They have been taken into the custody from Ramanathapuram, Tamil Nadu.
4. Heard learned counsel for the petitioners and the learned senior Public Prosecutor. The learned senior Public Prosecutor has pointed out that 3rd accused could not be arrested so far, and in case the petitioners are enlarged on bail, there may not be any chance for taking the 3rd accused into custody. It seems that the petitioners have been undergoing detention for the period from 14.8.2014 onwards. The final report has not been filed so far. It seems that it may take further time, as the third accused has not been arrested. No criminal antecedents have been reported against the petitioners. By ensuring their availability for trial, I am of the view that the petitioners can be enlarged on bail on conditions.
5. In the result, this Bail Application is allowed and the B.A.7669 of 2014 3 petitioners shall be enlarged on bail on each of them executing a bond for 1,00,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) Both the sureties shall be from the State of Kerala and they shall produce their title deeds in respect of the property before the court below. (ii) The petitioners shall not leave Ernakulam District, without the prior permission of the court below, till the disposal of the case against them. The petitioners shall furnish their address of stay and their mobile numbers timely, before the Investigating Officer. (iii) The petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Saturdays and Wednesdays, commencing from 1.11.2014, until further orders. B.A.7669 of 2014 4 (iv) The petitioners shall not tamper with the evidence or influence witnesses. (v) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. (vi) The Petitioners shall not involve in any offence while on bail. It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge