IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7208 of 2009() ----------------------------- CRIME NO.878/2009 OF PANDALAM POLICE STATION .................... PETITIONERS/ACCUSED -------------------------------------- 1. RADHAKRISHNAN, AGED 24 YEARS, S/O.VELUTHAKUNJU, KADAMANKODU KIZHAKKETHIL VEETTIL KURAMPALA MURI, KURAMPALA VILLAGE. 2. THANKAMMA, AGED 43 YEARS, W/O VELUTHAKUNJU, KADAMANKODU KIZHAKKETHIL VEETTIL KURAMPALA MURI, KURAMPALA VILLAGE. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PANDALAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7208 of 2009 --------------------------------------------- Dated this the 9th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.878 of 2009 of Pandalam Police Station. 2. The offences alleged against the petitioners are under Sections 447, 324 and 302 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 1.11.2009. The prosecution case is that the accused persons attacked the son-in-law of the deceased at the residence of the deceased. The deceased interfered. At that time, he was also attacked. The deceased fell down and he died. It is submitted that the deceased was having heart ailments. 4. The learned Public Prosecutor submitted that the doctor has stated that the death was due to heart attack. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the BA No.7208/2009 2 petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter into the limits of Pandalam Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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