SUNILKUMAR GOVINDAN ACHARY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for regular bail filed by accused Nos. 4 to 7 in Crime No. 609/09 of Kottarakkara Police Station, alleging commission of offences punishable under sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. The allegation is that on 21. 4. 2009 at about 10. 30 PM, while the festival was going on at Anchumoorthy Temple, the accused formed themselves into an unlawful assembly, armed with deadly weapons, committed riot in furtherance of their common intention and caused hurt to the persons of the defacto complainant and two others, knowing fully that the injured would die by their act. In connection with the above crime, the petitioners were arrested on 22. 4. 2009 and since then they are under judicial custody. Their application for bail was dismissed earlier as per Annexure A on 23. 4. 2009. It appears that two factions were involved in the alleged incident and some of them have approached the I Additional Sessions Court, Kollam by filing b. A. No. 2429/09 -2-Crl. M. P. No. 1163/09 for bail. As per order dated 6. 5. 2009, after considering their applications, they were enlarged on bail on stringent conditions, by the learned Sessions Judge.

(2.) CONSIDERING the fact that the petitioners herein are also under judicial custody since 22. 4. 2009 and the other accused persons were enlarged on bail as per order dated 6. 5. 2009 by the learned sessions Judge, I think the petitioners can also be enlarged on bail, on stringent conditions.

(3.) ACCORDINGLY, this application is allowed. (i) The petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the J. F. C. M.-I, Kottarakkara. (ii) The petitioners shall report before the Investigating Officer between 11am and 1pm once in a week, viz, on all Saturdays, till the final report is laid. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses.