IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9448 of 2011() ----------------------------- Crime No.770 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. PETITIONER/ACCUSED (UNDER CUSTODY) ------------------------------------------------------ RATHEESH, AGED 27 YEARS, S/O.CHANDRAN, DOOR NO.XIII/UA 99, VATTAVILA VEEDU, THENNOORKONAM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): STATE -------------------- 1. C.I. OF POLICE, VIZHINJAM POLICE STATION, PIN 695521. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9448 OF 2011 --------------------------------- Dated this the 23rd day of November , 2011 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.770 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. 2.The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 27.8.2011 at 7 P.M, the accused poured petrol on the body of the deceased and set fire. The deceased succumbed to injuries on 2.9.2011. The deceased was none other than the father of the petitioner. The allegation is that the petitioner demanded the ration card which was refused by the deceased. The petitioner threatened to kill the deceased. At that time, as B.A.No. 9448 OF 2011 2 requested by the wife of the petitioner, the deceased ran away and went to a nearby house. The accused followed him and poured petrol on the body of the deceased and set fire. 4. Bail Application No.8814 of 2011 filed by the petitioner was dismissed on 2nd November, 2011. Investigation has progressed 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 investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 B.A.No. 9448 OF 2011 3 A.M on all Mondays and Thursdays for a period of two months, and thereafter on all Mondays, 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms