IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 3936 of 2008() -------------------------------------- CMP.2676/2008 of J.M.F.C.-I, HARIPAD CRIME NO.160/2006 OF KAREELAKULANGARA POLICE STATION .................... PETITIONER/ACCUSED : --------------------------------- RAJAN, S/O.KOCHURAMAN, SOORYABHAVANAM, WARD NO.10, PATHIYUR PANCHAYATH, ERUVA MURI, PATHIYUR VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS/COMPLAINANTS : ------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.3936 OF 2008 ------------------------------ Dated this the 4th day of July, 2008 O R D E R This is an application for bail. 2. The alleged offence is under Section 302 of IPC. A crime was registered originally under section 174 IPC for “unnatural death”, since a boy aged 16 years was found hanging and dead. The allegation is that he had hanged himself out of shame on account of a previous incident in which he allegedly molested a 6 year old girl. The petitioner is father of the girl, who during investigation, is alleged to have committed murder of the boy by strangulation and hanged the body and made to appear that it is a suicide. Section 302 IPC was included and the investigation is going on. 3. The petitioner was arrested on 02.06.2008 and he is in custody since then. Learned counsel for the petitioner submitted that originally the allegation was that the boy committed suicide but later two years, the petitioner has been falsely implicated in the offence. The incident occurred on 02.07.2006 but after a period of 2 years, this case is cooked up solely as a result of an after thought. B.A.3936/2008 2 It is submitted that the petitioner is absolutely innocent of the allegations made. It is true that the deceased had allegedly molested the petitioner's 6 year old child but when this became an issue, the boy himself was ashamed of the same and committed suicide, it is submitted. 4. Learned Public Prosecutor submitted that if the petitioner goes to his place of residence, it is likely that some clashes may occur, since the deceased boy was his neighbour. Hence stringent conditions may be imposed if bail is granted, it is submitted. On hearing both sides, I find that bail can be granted to the petitioner by imposing stringent conditions. Petitioner is granted bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not go to his present place of residence or in the neighbourhood until further orders. B.A.3936/2008 3 (iv) Petitioner shall not enter the limits of the Police Station within which the incident occurred except for compliance of direction in clause (ii) above. (v) Petitioner shall not intimidate or influence any witness and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K.HEMA, JUDGE pac