IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1329 of 2010() ----------------------------- CRIME NO.1039/2009 OF KADAKKAL POLICE STATION .................... PETITIONER : ACCUSED NO.1 ------------------------------ KABEER, MELECHARUVILA VEEDU ELAMPAZHANNOOR MURI, KADAKKAL VILLAGE KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1329 of 2010 --------------------------------------------- Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1039 of 2009 of Kadakkal Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 447, 294,(b), 341, 324 and 302 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: There was a dispute regarding immovable property, between the deceased on the one hand and the accused on the other hand. The first accused is the husband of accused No.3. Accused No.2 is a relative of accused No.1. The allegation is that on 20.12.2009, when the deceased came to the property in question, the third accused informed the other accused about the same. They rushed to the place. Accused No.2 inflicted injury on the deceased with a chopper. Accused No.3 caught hold of the deceased and there upon accused No.1 stabbed the deceased which resulted in fatal injuries. BA No.1329/2010 2 4. The petitioner was arrested on 30.12.2009 and he was remanded to judicial custody. 5. As per the order dated 25.1.2010 in Bail Application Nos.64 of 2010 and 353 of 2010, bail was granted to accused Nos.3 and 2 respectively. 6. The learned Public Prosecutor submitted that the petitioner is involved in two other crimes of the same Police Station in respect of bailable offences. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the BA No.1329/2010 3 investigating officer for interrogation as and when required; c) The petitioner shall not enter into the limits of Kadakkal Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-II, Kottarakara within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl