IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4817 of 2009() ----------------------------- CRMP.4391/2009 of J.M.F.C.-III, PUNALUR CRIME NO. 685 /2009 OF PUNALUR POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- CHELLAPPAN, S/O.KUTTAPPAN, NADAPPALLIL PUTHEN VEEDU, VETTITHITTA, PIRVANTHOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 685 OF 2009 OF PUNALUR POLICE STATION). BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4817 of 2009 ------------------------------------ Dated this the 26th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 685/2009 of Punalur Police Station. 2. The offence alleged against the petitioner is under Section 304 read with Section 34 of the Indian Penal Code and Section 135(i) (a) of the Electricity Act. 3. The prosecution case is the following: Accused Nos. 3 to 6 came to the place for searching the deceased, as they had a case that the deceased had stolen some articles (two mobile phones and Rs.600/-) belonging to accused Nos.3 to 6. The deceased came into contact with the fencing around the property belonging to the second accused. Electricity connection was given to the fencing, allegedly to protect the agricultural crops from the attack of wild animals. The deceased came into contact with the wire and was electrocuted. It is stated that the first accused is in possession of the property on lease granted by the second accused. B.A. No. 4817 of 2009 2 4. The petitioner was arrested on 3/08/2009 and he is in judicial custody. 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 Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur subject to the following conditions:- A) The petitioner 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 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 B.A. No. 4817 of 2009 3 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 scm