IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4895 of 2009() ----------------------------- CRIME NO.560/2009 OF KAYAMKULAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- 1. GOPALAKRISHNAN @ MONAYI AGED 42 YEARS, S/O. GOPINATHAN, RESIDING AT GOKUL FROM CHERUVALLIL VEEDU, WARD NO.111 DEVIKULANGARA PANCHAYATH,PUTHUPPALLI NORTH MURI PUTHUPPALLI VILLAGE. 2. SAJU KOCHUNNI, AGED 32 YEARS, S/O.GOPINATHAN, RESIDING AT CHERUVALLIL VEEDU WARD NO.111 DEVIKULANGARA PANCHAYATH, PUTHUPPALLI NORTH MURI PUTHUPPALLI VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT(S): COUNTER PETITIONER --------------- STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM THROUGH CI OF POLICE KAYAMKULAM BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4895 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.560 of 2009 of Kayamkulam Police Station. 2. The offence alleged against the petitioners is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 22.7.2009, the deceased who was drunk used abusive words against the accused persons. There upon the accused persons beat the deceased with torch and iron rod. The deceased fell unconscious. His wife was informed by somebody. The wife of the deceased took the deceased to their house. On the next day morning, the victim was found dead. The matter was reported to the police. Postmortem examination revealed that the victim died as a result of internal injuries. The petitioners were arrested on 25.7.2009 and they are in judicial custody. 4. It is submitted by the learned public prosecutor that the investigation of the case is practically over. Weapons have been recovered. 5. Taking into account the facts and circumstances of the BA No.4895/2009 2 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, on stringent conditions. 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, Kayamkulam, 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; c) The petitioners shall not enter into the limits of Kayamkulam Police Station for a period of one month except for complying with condition Nos.(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 csl