IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5636 of 2009() ----------------------------- CRIME NO.418/2009 OF PARAVUR POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- BALACHANDRAN @ THAMPI, S/O. GANGADHARAN, V.S.NIVAS, NEAR MADAN NADA, POOTHAKKULAM CHERRY, POOTHAKULAM VILLAGE. BY ADV. SRI.MANOJ RAMASWAMY SMT.MERIL MUTHU P.JOHN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE PARAVUR POLICE STATION, KOLLAM DIST. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5636 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.418 of 2009 of Paravur Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 25.7.2009. The petitioner was arrested on 28.7.2009. The allegation is that the petitioner, who is a PWD contractor, was having a dispute regarding pathway with the deceased. On the date of incident, he drove the car on the deceased and committed the murder. 4. Bail Application No.5013 of 2009 filed by the petitioner on an earlier occasion was dismissed by me by the order dated 23rd September 2009. The investigation has progressed much thereafter. 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 present stage of BA No.5636/2009 2 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Paravur, 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 enter into the limits of Paravur Police Station for a period of two months except for complying with conditions (a) and (b). 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 Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl