IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 107 of 2010 CRIME NO.151 OF 2009 OF CHITTARIKKAL POLICE STATION PETITIONERS/ACCUSED --------------------------------------- M.C.CHANDRAN, S/O.CHINKAM, KODAKKAL VEEDU, THAMBADI BAZAR, VARAKKADU, WEST ELERI VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 107 OF 2010 ------------------------------------------------------ Dated this the 14th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.151 of 2009 of Chittarikkal Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 3.11.2009 at 8.30 PM, the petitioner stabbed the deceased, who is a relative of the wife of the petitioner. The deceased was taken to the hospital and he succumbed to the injuries. The petitioner was arrested on 5.11.2009 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that, after completing the investigation, charge was laid before the Court of the Judicial Magistrate of the First Class II, Hosdurg on 8.1.2010. B.A. NO. 107 OF 2010 :: 2 :: 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 6. 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 -II, Hosdurg, subject to the following conditions: a) The petitioner shall appear before the Circle Inspector of Police, Vellarikundu between 9 A.M. and 11 A.M. on all Mondays for a period of three months; b) The petitioner shall not enter into the limits of Chittarikkal Police Station for a period of two months; 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 ahz/