IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7412 of 2009() --------------------------------- CRIME NO.1015/2009 OF ELOOR POLICE STATION ......................... PETITIONER/ACCUSED : ----------------------------- LALMOHAN, AGED 48, S/O. SUBRAMANIAN, VALLORAKATHODU VEEDU, MAPPALA ROAD, MANJUMMAL. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA , REPRESENTED BY THE S.I. OF POLICE, ELOOR POLICE STATION, ERNAKULAM (CRIME 1015/09) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON 05/01/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7412 of 2009 ------------------------------------ Dated this the 5th day of January, 2010 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.1015/2009 of Eloor Police Station. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The accused and the deceased were friends. Both of them were Autorickshaw drivers. On 24.11.2009, the petitioner, the deceased and others were in the house their friend, namely, Sunilkumar. It is stated that the wife of the petitioner asked Sunilkumar as to why her husband was taken by Sunilkumar and others to the Bar. An unpleasant situation arose on account of this incident. It is alleged that the petitioner stabbed the deceased in the veranda of the house of Sunilkumar. The deceased sustained injuries. He was taken to the hospital. Later, he succumbed to the injuries. The petitioner was arrested on 24.11.2009 and he was remanded to judicial custody. 4. The investigation is at the final stage. B.A. No. 7412 of 2009 2 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 on stringent conditions. 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, North Paravur 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, 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 enter into the limits of Eroor Police Station for a period of two months except for complying with conditions A and B. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 7412 of 2009 3 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln