IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 75 of 2008() --------------------------- CMP.3020/2007 of J.M.F.C.,PEERUMEDU CRIME NO.398/07 OF PEERMADE POLICE STATION .................... : PETITIONERS/ACCUSED 1 TO 3 ------------------------------------------- 1. NIBU VARGHESE @ NIBU, S/O.VARGHESE, AMBALAVAYALIL VEEDU, MANICKALMATTA PUTHUVAL KARADIKUZHY KARA, PEERMADE VILLAGE. 2. MOHANAN, S/O.NARAYANAN, VALYOORPARAMBIL VEEDU, MANICKALMATTA PUTHUVAL, KARADIKUZHY KARA, PEERMADE VILLAGE. 3. KUMAR, S/O.THANKAYYA NADAR, JISHNU BHAVAN, MANICKALMATTA BHAGOM, KARADIKUZHY KARA, PEERMADE VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.75 of 2008 ------------------------------------- Dated this the 15th day of January, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 3. Altogether there are 3 accused persons. The petitioners face allegations of having committed the offence punishable under Section 302 r/w 34 I.P.C. 2. The defacto complainant and the 3rd accused are the sons of the deceased. There was some bitterness and animosity between the 3rd accused and the deceased consequent to a dispute regarding partition of family property. Accused 1 and 2 are the friends of the 3rd accused. It is alleged that all the 3 accused, on 22.11.07, had come to the house of the deceased and had quarrelled with the deceased. There was a physical altercation also, it is alleged. On 28.11.07, the deceased complained of pain in the stomach. He was taken to the hospital. He breathed his last on 28.11.07 itself. Before the burial took place, the defacto complainant lodged a complaint before the police raising suspicion about the cause of death of the deceased. The crime was initially registered under Section 174 Cr.P.C. The alleged insistence of the 3rd accused that the body be burnt and B.A.No.75 of 2008 2 not buried allegedly compounded the suspicion against the 3rd accused. The crime has been registered initially under Section 174 Cr.P.C. But later the allegation under Section 302 I.P.C has been included. Investigation is in progress. All the 3 petitioners were arrested on 30.11.07. They continue in custody from that date. 3. The learned counsel for the petitioners submits that the petitioners are innocent. They have been brought on the array of accused without any justification. It is idle to assume that the deceased suffered the injuries on 22.11.07 and met with his death on 28.11.07 on account of such injuries suffered on 22.11.07. The learned counsel for the petitioners brings to the notice of the Court that there are no injuries described in the postmortem certificate which can specifically reveal any deliberate infliction of injury/violence on the deceased. In any view of the matter, the petitioners, who have remained in custody from 30.11.07, may now be enlarged on bail, it is prayed. 4. The learned Public Prosecutor does not oppose the application for regular bail, but only prays that appropriate conditions may be imposed. Having considered all the relevant B.A.No.75 of 2008 3 inputs, I am persuaded to agree that this is a fit case where the petitioners can be granted regular bail now subject of course to appropriate conditions. 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so; iii) The petitioners shall not, during the said period of 3 months, enter the jurisdiction of Peerumedu Police Station, without prior permission from the learned Magistrate, except for the purpose of complying with condition No.ii above. (R.BASANT, JUDGE) rtr/-