IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9978 of 2011 CRIME NO.576 OF 2011 OF VILAPPILSALA POLICE STATION. PETITIONER: ACCUSED: -------------------- KRISHNAN NAIR, S/O.VELAYUDHAN NAIR AGED 80 YEARS, CHATHANVILAKATHU PUTHENVEEDU, PERUMKULAM VILLAGE FROM THARATTAVILA MALAYINKEEZHU DESOM, MALAYINKEEZHU VILLAGE,TRIVANDRUM BY ADV. SRI.M.R.SASITH RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI-31 PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9978 OF 2011 ------------------------------------------------------ Dated this the 8th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.576 of 2011 of Vilappillsala 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 the following: The deceased and the accused are neighbours and they are close relatives. There was dispute between them regarding a pathway. The allegation is that on 12.10.2011 at about 3.30 P.M., the petitioner attacked the deceased with a wooden stick. He sustained injuries. It is also alleged that the deceased was pushed into a pit by the accused. The deceased succumbed to the injuries. The postmortem report reveals that death was due to the blunt injuries sustained to cervical spine. BAIL APPL. NO.9978 OF 2011 :: 2 :: 4. The petitioner was arrested on 24.10.2011 and he was remanded to judicial custody. 5. It is submitted that the petitioner is aged more than 80 years. 6. 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, the present stage of investigation and also the age of the petitioner, I am of the view that bail can be granted to the petitioner, however, only with effect from 24.12.2011. 7. The petitioner shall be released on bail only on 24.12.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, 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 and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.9978 OF 2011 :: 3 :: 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) 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 ahz/