IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4254 of 2008() -------------------------------------- CRMP.1087/2008 of SESSIONS COURT, PATHANAMTHITTA CRIME NO.326/08 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/ACCUSED (IN CUSTODY) :- -------------------------------------------------------- GOPALAKRISHNAN @ GOPAL, AGED 34 YEARS, S/O.THAPASIYA NADAR, LAKSHMIPURAM, V.K.PURAM VILLAGE, THENKASI TALUK, TAMIL NADU. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT :- -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4254 of 2008 ------------------------------------------- Dated this the 3rd day of July, 2008 ORDER This petition is for bail. 2. The alleged offence is under Section 304 of IPC. According to the prosecution, the petitioner pushed down the deceased and he sustained injuries to the head and succumbed to the injuries. 3. The petitioner was arrested on 22.4.2008 and he is in custody from that day onwards. The investigation is almost over. Learned public prosecutor submitted that the petitioner belongs to Tamil Nadu and he may not be available for trial, if bail is granted. But as far as the investigation is concerned, his presence and detention may not be required. 4. On hearing both sides, I am satisfied that the petitioner can be released on bail imposing stringent conditions. The petitioner is hence, granted bail on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.1,00,000/- with two solvent local sureties each for the like sum to the satisfaction Ba No.4254/08 2 of the Magistrate Court concerned. One of the nearest relative of the petitioner shall also execute bond for the same amount, whether she or he is solvent or not. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. till 31.7.2008 and thereafter on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) 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. (iv) Petitioner shall not threaten or intimidate any of the witness and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl