IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8199 of 2011() ----------------------------- CRIME NO.484/2011 OF NEDUMKANDOM POLICE STATION PETITIONER/ACCUSED ------------------------- DEVARAJAN @ PONNAPPASWAMY, AGED 54, S/O.SOUNDARA RAJ, RESIDING AT CHOTTANIKKARA DEVI TEMPLE, AS A PRIEST, NEDUMKANDOM KARA, KALKOONTHAL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA. 2. CIRCLE INSPECTOR OF POLICE, NEDUMKANDOM POLICE STATION. 3. SUB INSPECTOR OF POLICE, NEDUMKANDOM POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8199 of 2011 --------------------------- Dated this the 24th day of October, 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 sole accused in Crime No.484 of 2011 of Nedumkandom Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that the petitioner, who was a Poojari in a temple belonging to the deceased, committed murder of the deceased by suffocating her. The offence was committed on 23.8.2011. The petitioner was arrested on 29.8.2011 and he was remanded to judicial custody. 4. Heard the learned counsel fro the petitioner and the learned Public Prosecutor. BA 8199/11 2 5. The learned Public Prosecutor submitted that the investigation is not over and some more witnesses are to be questioned. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 10th November, 2011. The petitioner shall be released on bail only on 10.11.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom, 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 two months and thereafter 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; BA 8199/11 3 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