Ravi Vs. State of Kerala

indian penal code (ipc), 1860 - sections 302, 34, 504, 506; code of criminal procedure (crpc), 1973 - sections 394, 161. - punishment for murder -- the accused hari singh of village suthari was running a brick kiln on the outskirts of the village. subsequently, one randhir singh installed another brick kiln nearby. hari singh and his brothers, however, did not allow randhir singh to run his brick kiln effectively and ultimately randhir singh sold his brick kiln to gulab singh deceased some three months prior to the incident. sub-inspector hari raj singh, however, recorded the statements of the witnesses and after inspecting the site, prepared the site plan ex. ka.14. the prosecution in support of its case relied primarily on the evidence of pw1 prem pal, pw-5 kalu and pw-6 jagdish, pw-2 dr. m.k.goel, who had conducted the autopsy on the dead body, and of pw-7 sub-inspector hari raj singh, the main investigating officer. point "a" in the site plan is the place where the deceased gulab singh had been shot and killed. o r d e rv.ramkumar, j. ---------------------------------------------- bail application no.6652 of 2010 ------------------------------------------------ dated this the 26th day of october, 2010 order 1. in this petition filed under section 439 cr.p.c. the petitioners who are accused nos.2, 5 & 6 in crime no.526 of 2010 of kollam west police station for offences punishable under sections 454, 461, 380 & 411 read with section 34 i.p.c., seek their enlargement on bail. 2. i heard the learned counsel for the petitioners and the learned public prosecutor. 3. having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., i am inclined to grant bail to the petitioners. accordingly, the petitioners are directed to be released on bail on each of them executing a bond for rs. 15,000/- (rupees fifteen thousand only) with two solvent sureties (each of whom shall furnish solvency certificate for the said amount) each for the like amount to the satisfaction of the magistrate concerned and subject to the following conditions:- 1. the petitioners shall make themselves available for interrogation as and when required by the investigating officer. 2. the petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. the petitioners shall not commit any offence while on bail. if the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. this application is allowed as above.