IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4219 of 2009() ----- ----------------------------- CRMP.6633/2009 of J.M.F.C. - I, CHALAKUDY CRIME NO. 447/2009 OF KORATTY POLICE STATION .................... ACCUSED NO.2,3: -------------------------- 1. ITTIRA, AGED 78 YEARS, S/O.ANTONY, VADAKKAN HOUSE, MELOOR KALADY DESOM, MELOOR VILLAGE. 2. PRINCY, AGED 65 YEARS, W/O.ITTIRA, VADAKKAN HOUSE, MELOOR KALADY DESOM, MELOOR VILLAGE. BY ADVS. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE SI OF POLICE, CHALAKKUDY POLICE STATION. BY SRI V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4219 of 2009 ------------------------------------ Dated this the 29th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 2 and 3 in Crime No.447/2009 of Koratty Police Station. 2. The offences alleged against the petitioners are under Sections 302, 201and 120 (B) r/w 34 of the Indian Penal Code. 3. The first accused is the son of accused Nos. 2 and 3. Accused Nos. 2 and 3 had another son by name Jomon. It is stated that he was a drunkard and he used to create unpleasant scenes in the house. On 05.07.2009, there was a quarrel between the first accused and Jomon during night. In the early hours on 6.07.2009, it is alleged, the first accused hit the victim with an iron rod and he died. The allegation against accused Nos. 2 and 3 is that they disposed of the dead body in Chalakudy river and thus committed the offence under Section 201 and for commission of that offence they hatched a conspiracy. The petitioners were arrested on 19.07.2009 and they were remanded to judicial custody. It is submitted by the counsel for the petitioner that the offences alleged B.A. No. 4219 of 2009 2 against the petitioners are bailable. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class,Chalakudy subject to the following conditions:- A) The petitioners shall appear before the Investigating Officer for interrogation as and when required. B) The petitioners shall not enter the limits of Koratty Police Station for a period of two months. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 ln B.A. No. 4219 of 2009 3