IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 6073 of 2009() ----------------------------- CRIME NO.281 OF 2008 OF KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SIVASAKTHI @ CHANCHALI, S/O.PALPANDI NADAR,IST THERUVU, KAMARAJ NAGAR, CHINTHAMANI DESOM,PULIYANKUDI,SIVAGIRI TALUK, THIRUNELVELI DT.TAMIL NADU. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,REPRESENTING SUB INSPECTOR OF POLICE,KAZHAKUTTAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6073 of 2009 --------------------------------------------- Dated this the 21st day of October, 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.281 of 2008 of Kazhakuttam Police Station. 2. The offences alleged against the petitioner are under Sections 449, 341 and 302 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 11.8.2008 at 10.30 A.M. The allegation is that the accused persons attacked the deceased in a Bar Hotel. The deceased sustained head injuries. He died on 12.8.2008 due to head injuries. The petitioner was arrested only on 14.9.2009 and he was remanded to judicial custody. The petitioner belongs to Tirunelveli District in Tamil Nadu. 4. It is submitted by the learned counsel for the petitioner that the petitioner is doing business in the State of Kerala. He is prepared to abide by any condition that may be imposed by the Court. It also submitted that accused Nos.1 and 2 were arrested and they were released on bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6073/2009 2 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, who own immovable properties in the State of Kerala, for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal, 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 leave the limits of Kazhakuttam Police Station for a period of two months except with a permission of the investigating officer in writing; 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 sureties shall produce the title deeds of their properties for perusal by the learned Magistrate. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl