IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4162 of 2009() ----------------------------- CRIME NO.108/2009 OF RAMAMANGALAM POLICE STATION PETITIONER (S): ACCUSED ------------------------------------- THOBIYAS, AGED 43 YEARS, S/O. VARUVEL, RESIDING AT DOOR NO.10/264, VANIYAN VILLA VEEDU, KANNYAKUMARI DIST, VALLUVACH GOSTUM VILLAGE, KALKULAM TAQLUK TAMIL NADU. BY ADV. SRI.GEO PAUL RESPONDENT(S): COMPLAINANT ------------------------------------------ STATE OF KERALA, REP. BY S.I. OF POLICE, RAMAMANGALAM POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4162 of 2009 --------------------------------------------- Dated this the 30th day of July, 2009 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.108 of 2009 of Ramamangalam Police Station. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 7.3.2009. The petitioner was arrested on 8.3.2009. The petitioner filed Bail Application No.2622 of 2009 which was dismissed by me by the order dated 29th May 2009. Thereafter, the petitioner moved the Sessions Court for the grant of default bail under Section 167(2) of the Code of Criminal Procedure. The learned Sessions Judge rejected that prayer and dismissed the application on 29.6.2009. 4. Learned counsel for the petitioner submitted that in this Bail Application the petitioner is not claiming any benefit under Section 167(2) of the Code of Criminal Procedure. The petitioner confines his submission on the merits of the case. Learned counsel for the petitioner submitted that the accused as BA No. 4162/2009 2 well as the deceased were living together in a house. They were coolie workers. They belong to Tamil Nadu. 4. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount, who shall be persons belonging to State of Kerala and who own immovable properties in the State of Kerala, to the satisfaction of the Judicial Magistrate of the First Class- Kolencherry. The sureties shall produce the title deeds in respect of their property before the learned Magistrate for perusal. The grant of bail is also subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, Wednesday and Friday, till the final report is filed or until further orders; b) The petitioner shall not leave the limits of Ramamangalam Police Station without the permission of Judicial Magistrate of the First Class - Kolencherry. BA No. 4162/2009 3 c) 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) 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