IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2880 of 2010() -------------------------------------- CRIME NO.133/08 OF KODAKARA POLICE STATION ..... PETITIONER/ACCUSED -------------------------------------- AKHILESH BABU @ KANNAN, S/O.BABU, KIDANGIL PADIJATTAYIL, MANGADU, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY S.I. OF POLICE, KODAKARA, THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.R.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2880 OF 2010 ----------------------------------- Dated this the 3rd day of June, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 302 IPC. According to prosecution, on 19.4.2008 at about 12.30 in the midnight petitioner, deceased Nagendran and two persons were travelling in a train. There was a quarrel between the deceased and the petitioner. Petitioner pushed out deceased from the train and he succumbed to injuries. 3. Learned counsel for petitioner submitted that petitioner is implicated in the offence on the ground that he is a pick- pocket. Petitioner is not involved in any pick-pocket so far and no crime is registered for pick-pocket. Petitioner is implicated under some mistaken impression. It is also submitted that diseased was in hospital for a period of one month and deceased Nagendran's relatives received money from the Railway authorities in the year 2006-2008 on the ground that it was an accidental death. Much thereafter, petitioner is implicated u/s 302 IPC. In fact, petitioner and Santhosh (who stated to the B.A. No.2880/10 2 police that petitioner pushed the deceased from the train) are on enemical terms. Petitioner is in custody for the past 42 days, having been arrested on 22.4.2008. 4. Learned public prosecutor submitted that crime was registered u/s.174 Cr.P.C but later it was altered to offence u/s.302 IPC on the basis of statement given by eye witness. As per his statement, petitioner has committed the offence. It is also submitted that the witness was under threat to his life, he being a witness to this incident ad that is what prompted him to give statement to the police. Petitioner is involved in five other cases. However, learned public prosecutor fairly conceded petitioner is not involved in any pick-pocket case. It is also submitted by learned public prosecutor that investigation is now conducted by Railway police and if bail is granted, stringent conditions may be imposed. 5. On hearing both sides, considering the serious facts discussed and stage of investigation, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs. 50,000/- with two solvent securities each for the like amount to the satisfaction of the learned B.A. No.2880/10 3 Magistrate, on following conditions: i) Petitioner shall report before the investigating officer on every Monday, Thursday and Saturday between 10 AM and 1 PM. ii) Petitioner shall not enter the limits of Kilikollur police station. iii) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. This petition is allowed. K. HEMA, JUDGE. Sou.