IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 9157 of 2011() ----------------------------- CRMP.2706/2011 of D.C. & SESSIONS COURT,KOLLAM CMP.3197/2011 of J.M.F.C., SASTHAMCOTTA CRIME NO.755/2011 OF CHAVARA THEKKUMBHAGOM POLICE STATION .................... PETITIONER : ACCUSED : ----------------------- KRISHNANKUTTY, AGED 46 YEARS, S/O.GOPALAN, EDAYADIYILVEEDU, PUTHENKETHAM MURI, THEVALAKKARA VILLAGE, CHAVARA, KOLLAM. BY ADV. SRI.K.SANIL KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9157 of 2011 ---------------------------------------------- Dated this the 14th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.755 of 2011 of Chavara Thekkumbhagom Police Station. 2. The offences alleged against the petitioner are under Sections 304 and 324 of the Indian Penal Code. 3. The date of occurrence was on 06/09/2011. An altercation took place between the petitioner and his brother. At that time their mother intervened. She received a kick on her abdomen. She was hospitalised and she died on 10/09/2011. The deceased was aged 80 years. 4. The petitioner was arrested on 19/09/2011. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the peculiar facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.9157/2011 : 2 : 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, subject to the following conditions:- A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 skj