IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6992 of 2008() ----------------------------- CRMP.3139/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.357/08 OF KUNNIKODE POLICE STATION PETITIOER/ACCUSED:- --------------------------------------- EDISON MATHEW, S/O.MATHEW, VAROOR HOUSE, PERUNGALOOR MURI, EDAMULACKAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNNIKODU POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSEUCOTR, HIGH COURT OF KERALA , ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6992 of 2008 ----------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 302, 307 and 328 read with 34 of the Indian Penal Code. Petitioner is 15th accused in the crime. According to prosecution, on 28.8.2007, on a dry day, liquor was offered in public place, free of cost to regular customers from a toddy shop and three persons died. Petitioner is the person, who supplied the spirit which was to be mixed with the toddy, and supplied to the persons for consumption. 3. Learned counsel for petitioner submitted that petitioner was arrested on 12.8.2008, but the charge sheet was submitted during the pendency of this petition on 10.11.2008. The Registry has verified and reported that the charge sheet in Crime No.357/07 was presented in the court on 10.11.2008. Without knowing this fact, this case was adjourned from time to time. Petitioner was entitled for bail by default, on his completion of 90 days in custody, as on 9.11.2008, prior to the filing of the charge sheet. 4. In the above circumstances, on hearing both sides, I find that petitioner is entitled for bail by default, since charge sheet was submitted only on the 91st day. BA.6882/08 2 5. Learned Public Prosecutor submitted that stringent condition may be imposed while granting bail, considering the possibility of petitioner acting adverse to the interest of the investigation by influencing witness and tampering with evidence. Hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 a.m and 1 p.m until further orders. ii) Petitioner shall not leave the limits of the police station within which the crime is registered, except with the prior permission of the learned Magistrate. Iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.