IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4651 of 2009() ----------------------------- CRIME NO.223/2009 OF MALAYINKIL POLICE STATION PETITIONER/ACCUSED: --------------------------------------- SUNIL KUMAR @ KANNAN, S/O.SASIDHARAN NAIR, LATHA BHAVAN V.P.II/592TH NUMBER, KURISSUMUTTAM, DO. MURI, VILAVOORKKAL VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4651 of 2009 --------------------------------------------- Dated this the 20th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.223 of 2009 of Malyankil Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The victim is the father-in-law of the accused. He sustained one stab injury. On the way to hospital, he died. 4. Learned counsel for the petitioner submitted that the petitioner's daughter, aged 8 years, is suffering from leukemia and for her treatment, a sum of Rs.25,000/- was taken as loan by the petitioner from Thiruvananthapuram District Co-operative Bank. The instalments payable to the Bank were not paid. The father-in- law of the petitioner questioned the same. According to the prosecution, on account of this, the petitioner stabbed his father-in- law. It is submitted by the learned counsel for the petitioner that if the petitioner is to remain in judicial custody, his family would be ruined and his daughter would not get any treatment. It was pointed out that he was arrested on 5.7.2009 and he is in judicial BA No.4651/2009 2 custody since then. 5. Taking into account all the facts and circumstances of the case, the family background of the petitioner, the illness of the daughter of the petitioner, the financial status of the family of the petitioner and all other circumstances, 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Friday, 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 csl