IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6408 of 2011() ----------------------------- CRMP.1845/2011 of D.C. & SESSIONS COURT,KOLLAM CMP.5485/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.751/2011 OF CHAVARA POLICE STATION KOLLAM DISTRICT .................... PETITIONER/ACCUSED --------------------- JAYAN @ JAYAKUMAR,AGED 34 YEARS, S/O.CHELLAPPAN,MANJUBHAVAN,ALUMPOIKA MURI, PRAYAR THEKKUMURI,CLAPPANA VILLAGE. BY ADV. SRI.B.DIPU SACH DEEV SRI.E.NISHAD RESPONDENTS: STATE -------------------- 1. CIRCLE INSPECTOR OF POLICE,CHAVARA POLICE STATION,KOLLAM-691013. 2. THE STATE OF KERALA,REPRESENTLD BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6408 of 2011 ---------------------------------------------- Dated this the 20th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.751 of 2011 of Chavara 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 13/06/2011. The petitioner was arrested on 15/06/2011. It is stated that the deceased as well as the accused were neighbours and they were tenants of the same land lord. On the date of occurrence, at about 5 P.M., the accused attacked the deceased with a firewood piece which resulted in the injury on the chest of the deceased. One rib was broken and the injury became fatal. The petitioner was arrested on 15/06/2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.6408/2011 : 2 : 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 on stringent conditions. 5. 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, Karunagappally, subject to the following conditions: A) The petitioner shall not enter into the limits of Chavara Police Station for a period of three months except for the purpose of complying with Conditions 'B' and 'C'. B) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.6408/2011 : 3 : 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 skj