IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH NOVEMBER 2007 / 24TH KARTHIKA 1929 Bail Appl..No. 6950 of 2007() ------------------------------------------ (CRIME NO.283/07 OF IRITTY POLICE STATION) .................... PETITIONER:ACCUSED: ----------------------------------- PANIKKAN DHARMAN, S/O.LATE KUNHIRAMAN, VALIYAMUTTATH HOUSE, DHARMADAM, P.O.MELUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ B.A.No.6950 of 2007 ------------------------------------- Dated this the 15th day of November, 2007 ORDER Application for regular bail. The petitioner faces allegations for offences punishable under Sections 306 and 342 I.P.C. He is the 1st accused. Altogether there are 4 accused persons - 2 of them are not named, the 2nd accused is named. 2. The crux of the allegations against the petitioner is that he had advanced a loan on an exorbitant rate of interest to the deceased. The deceased had repaid the substantial amount - in excess of the principal amount. But the petitioner kept on demanding the balance which far exceeded the entire amount advanced. The deceased was allegedly kept in illegal detention. He escaped from such detention. He informed his wife that he will not return to his house for fear of the threat of the petitioner that he along with his family will come to the house of the deceased demanding return of money. The deceased ultimately committed suicide on 7.9.07 by hanging. Crime was registered initially under the caption unnatural death. Later in the course of investigation, allegations have been incorporated under Sections 306 and 342 I.P.C. Investigation is in progress. The petitioner was arrested on 22.10.07. The petitioner continues in custody from that date. 3. The learned counsel for the petitioner submits that the petitioner who has been continuing in custody from 22.10.07 does not B.A.No.6950 of 2007 2 deserve to continue in custody pending investigation any longer. The petitioner has already been given over to police custody. The police had sufficient time to interrogate the petitioner. It is not necessary, in these circumstances, to insist on continued detention of the petitioner, submits the learned counsel for the petitioner. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that the petitioner can now be enlarged on bail subject of course to appropriate 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 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; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so; iii) During the said period of 2 months, the petitioner shall not enter the jurisdiction of Iritty Police Station without prior permission of the learned Magistrate except for the purpose of complying with condition (ii) above. (R.BASANT, JUDGE) rtr/-