IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4579 of 2009 CRIME NO.293 OF 2009 OF YEROOR POLICE STATION, KOLLAM CMP.5437/2009 of J.M.F.C.-I, PUNALUR PETITIONERS/ACCUSED 1 & 3 --------------------------------------------- 1. JOHNY, S/O.GEEVARGHESE, VENKODE KIZHAKKATHIL VEEDU, CHANNAPPETTA. 2. SOOSAMMA, W/O.VINCENT, ANEESH BHAVAN, MOONGODU MURI, CHANNAPPETTA. BY ADV. SRI.ALAN PAPALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (CRIME NO.293/2009 - SUB INSPECTOR OF POLICE, YEROOR) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4579 OF 2009 ------------------------------------------------------ Dated this the 17th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 3 in Crime No.293 of 2009 of Yeroor Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 304 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 2.8.2009. The allegation is that the elder brother of the first accused died as a result of the incident. The deceased was aged 70 years. The first accused is aged 68 years. The second accused is the wife of the first accused and the third accused is the daughter of accused Nos.1 and 2. The petitioners were arrested on 3.8.2009 and they were remanded to judicial custody. 4. It would appear that there was a civil dispute between the deceased and the first accused in respect of a pathway. A civil suit B.A. NO. 4579 OF 2009 :: 2 :: is pending between the parties. Learned counsel for the petitioners submitted that the mother of the first accused is aged 95 years and she is bedridden. Another daughter of accused Nos.1 and 2 is a mentally retarded girl and there is nobody to look after her. It is also stated that the postmortem certificate would reveal that the death was mainly due to coronary heart disease. 5. Taking into account the facts and circumstances of the case, the dispute between the parties, the relationship between the parties and also the age and family background of the parties, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Punalur, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; B.A. NO. 4579 OF 2009 :: 3 :: c) The petitioners shall not enter into the limits of Yeroor Police Station for a period of one month except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners 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 ahz/