Murali vs State Of Kerala on 28 March, 2007

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Kerala High Court

Murali vs State Of Kerala on 28 March, 2007

Bench: V.Ramkumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1931 of 2007()


1. MURALI, S/O.GOPALAN, KUTTIKKATTIL (H),
                      ...  Petitioner
2. PREMANANDAN, S/O.ACHUTHAN,
3. SAJITH, S/O.SIVAN,
4. DINEESH, S/O.KELAPPAN,
5. T.K.BAIJU, S/O.KUNHIKKANNAN,
6. VIJEESH, S/O.KUNHIKRISHNAN,
7. RIYESH, S/O.GOPALAN,
8. P.V.K.PRAJEESH, S/O.CHERIYKKAN,
9. PAVITHRAN, S/O.KELAPPAN,
10. ANILKUMAR, S/O.PADMANABHAN,
11. SUNIL, S/O.NARAYANAN,
12. K.NARAYANAN, S/O.KUNHIKRISHNAN NAIR,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/03/2007

 O R D E R
                            V.RAMKUMAR, J.

                             ----------------------------

                     Bail Application No. 1931/2007

                            -----------------------------

                  Dated this  28th day of March, 2007


                                  O R D E R

The petitioners, who are accused Nos. 1 to 12 in Crime No.189/2007 of Koyilandy Police Station for offences punishable under Sections 143, 147, 148, 452, 324, 427, 506(ii) and 307 IPC read with Section 149 IPC and also under Section 5 of the Explosive Substances Act, 1908, seek their enlargement on bail. The occurrence took place on 2.30 a.m on 7.3.2007.

Accused Nos. 1 to 8 were arrested on 12.3.2007 and accused Nos. 9 to 12 were arrested on 14.3.2007.

2. The learned Public Prosecutor opposed the application.

3. The case of the prosecution is that due to previous enimity, around 30 assailants, including the petitioners herein, armed with deadly weapons like axe, bomb etc., criminally trespassed into the house of the defacto complainant after gaining entry by cutting open the door and attacked him.

4. Having regard to the facts and circumstances of the case and the length of the duration of the petitioners in judicial custody, I am inclined to grant bail to the petitioners only from B.A.1931/2007 2 a future date. Accordingly, the petitioners are directed to be released on bail with effect from 10.4.2007, on each of them executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Koyilandy and subject to the following conditions:

(a). The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

(b). The petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report.

(c). The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

(d). The petitioners shall not commit any offence while on bail.

5. If the petitioners commit breach of any of the above B.A.1931/2007 3 conditions, the bail granted to them shall be liable to be cancelled.

The application is allowed as above.

V.RAMKUMAR, JUDGE mrcs

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