IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7205 of 2009() ------------------------------------ CRIME NO. 230/2009 OF KANNUR CITY POLICE STATION ........................ PETITIONER/ACCUSED: ------------------------------------ SASI @ THONAKKARA THAKIDIYELSASI, S/O.NARAYANAN, THONAKKARA THAKIDIYEL HOUSE, P.O.VELLAD, VELLAD AMSOM, TALIPARAMBA AMSAM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: -------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, KANNUR CITY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7205 of 2009 ------------------------------------ Dated this the 11th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.230/2009 of Kannur City Police Station. 2. The offence alleged against the petitioner is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 05.09.2009 in the early hours, the first accused, husband of the deceased, as well as the deceased boarded in a Maruti Omni car under the pretext that the first accused was suffering from severe stomach pain. It is stated that the first accused told his wife that he had to go to the hospital. The wife accompanied him. After driving the car for some distance, the car was stopped. The first accused and the deceased got out of the car. Stealthily, the second accused got into the car. It is alleged that they together committed the murder of the deceased. The dead body was abandoned in the car and the accused left the place. B.A. No. 7205 of 2009 2 4. The petitioner filed B.A.Nos.5947/2009 and 6569/2009 before this Court for bail. Those applications were dismissed by the orders dated 23.10.2009 and 23.11.2009 respectively. 5. As stated earlier, the petitioner was arrested on 10.09.2009. It is stated by the learned counsel for the petitioner as well as by the learned Public Prosecutor that within the time provided under Section 167(2) of the Code of Criminal Procedure, the charge sheet was not filed. Therefore, the petitioner is entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kannur subject to the following conditions:- B.A. No. 7205 of 2009 3 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 Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 ln