IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / ]2TH VAISAKHA 1930 Bail Appl..No. 2557 of 2008() ----------------------------- CRIME NO. 206/08 OF VATANAPPILLY POLICE STATION CMP.3501/2008 of J.M.F.C.,CHAVAKKAD .................... PETITIONER/ACCUSED ----------------------------------- VINIL, S/O.VENU VADAKOTTU HOUSE, IRATTAPPUZHA PRASAD NAGAR KADAPURAM VILLAGE, CHAVAKKAD, THRISSUR BY ADV. SRI.RAJIT RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2557 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for regular bail. The petitioner, along with the co-accused, faces allegations, inter alia, under Section 304 r/w. 149 I.P.C. The petitioner allegedly belongs to RSS. The victim allegedly belongs to the CPM. The victim was allegedly assaulted by the accused persons. He was hit and beaten with hands. He was a jaundice person. He suffered simple external injuries, which resulted in internal bleeding because of his sick condition. The alleged incident took place on 13.3.2008. The F.I.R. was registered on 18.3.2008 after the death of the injured. It was registered as a case of unnatural death. In the course of the investigation allegations were raised against the petitioner and he was arrested on 6.4.2008. 2. The learned counsel for the petitioner submits that in any view of the matter, the alleged fact cannot attract the allegation under Section 304 I.P.C. At any rate, the petitioner, B.A.No. 2557 of 2008 2 who has remained in custody from 6.4.2008, may now be granted regular bail, it is prayed. 3. The learned Prosecutor does not oppose the application, but prays that appropriate and strict conditions may be imposed to exclude the petitioner from the local jurisdiction to avoid any threat to the law and order situation. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted bail subject to appropriate and strict conditions. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and B.A.No. 2557 of 2008 3 1 p.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (c) During the said period of three months, the petitioner shall not enter the jurisdiction of Vatanappilly and Chavakkad police stations without the prior permission of the learned Magistrate, except for the purpose of complying with condition (b) above. (R. BASANT) Judge tm