IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 815 of 2008() ---------------------------- CMP.124/2008 of J.M.F.C.-I MUVATUPUZHA CRIME NO.302/07 OF PIRAVAM POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- THANKACHAN, S/O. NARAYANAN, KUDILIL HOUSE, PIRAVA, MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.G.JANARDHANA KURUP (SR.) SRI.K.S.ARUNKUMAR SRI.N.K.SHYJU SRI.B.VINOD RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.815 of 2008 ------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under Section 302 I.P.C. The crux of the allegations is that there was a wordy altercation when the petitioner and the deceased were both standing in a queue in front of a liquor sale outlet. The deceased had gone away from the scene of the crime. Later, the two met at a different spot. There, the deceased was allegedly assaulted. The assault was with hands. The deceased was pushed and thrown to the tarred portion of the road. He fell and his head hit at the tarred portion. He suffered a fracture. He succumbed to the injury later. Crime has been registered. Investigation is in progress. The petitioner came to this Court earlier with an application for anticipatory bail and by order dated 16.01.08 in B.A.118 of 2008, the said application for anticipatory bail was dismissed. Later, the petitioner surrendered before the learned Magistrate on 24.01.08. He continues in custody from that date, his application for regular bail having been dismissed by the learned Magistrate. 2. The petitioner has been given over to police custody. He has already been interrogated. There is no prayer for any further custody. B.A.No.815 of 2008 2 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 19.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.815 of 2008 3