IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4673 of 2009() ----------------------------- CRIME NO. 447/2009 OF KORATTY POLICE STATION .................. APPLICANT/ACCUSED: --------------------------------- IVAN, AGED 23 YEARS, S/O.ITTIRA, VADAKKAN HOUSE, MELOOR KALADY DESOM, MELOOR VILLAGE. BY ADVS. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE, CHALAKKUDY POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4673 of 2009 ------------------------------------ Dated this the 26 th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is accused No.1 in Crime No.447/2009 of Koratty Police Station. 2. The offences alleged against the accused is under Sections 302, 201 and 120 B read with Section 34 of the Indian Penal Code. 3. The first accused is the son of accused Nos. 2 and 3. Accused Nos. 2 and 3 had another son by name Jomon. It is stated that he was a drunkard and he used to create unpleasant scenes in the house. On 05.07.2009, there was a quarrel between the first accused and Jomon during night. In the early hours on 6.07.2009, it is alleged, the first accused hit the victim with an iron rod and he died. The allegation against accused Nos. 2 and 3 is that they disposed of the dead body in Chalakudy river and thus committed the offence under Section 201 and for commission of that offence they hatched a conspiracy. The petitioner was arrested on 18.07.2009 and he B.A. No. 4673 of 2009 2 was remanded to judicial custody. 4. As per the order dated 29.07.2009 in B.A. No. 4219 of 2009, bail was granted to accused Nos. 2 and 3. 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. 5. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class,Chalakudy subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer between 9. A.M. and 11 A.M. on all Sundays, 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 the limits of Koratty 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 B.A. No. 4673 of 2009 3 prosecution witnesses or tamper with the evidence. 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