IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3500 of 2009() ----------------------------- CRIME NO.382/2009 OF KADACKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- BINU @ KUNJUMON, S/O.SOMARAJAN, KODIVILA LEKSHAM VEEDU, IDATHARA MURI, KADACKAL VILLAGE. BY ADV. SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT(S): --------------- THE CIRCLE INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3500 of 2009 ------------------------------- Dated this the 6th day of July, 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.382 of 2009 of Kadackal Police Station. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The incident occurred on 19.5.2009. As a result of the injuries, the victim was admitted in the hospital and he died on 20.5.2009. The petitioner was arrested on 23.5.2009 and he is in judicial custody. 4. Learned public prosecutor submitted that major part of the investigation is over. 5. 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. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the BA No.3500/2009 2 satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, 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 Thursday, 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 enter the limits of Kadackal Police Station until further orders except for complying with conditions (a) and (b). d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner 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