IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 7065 of 2008() ----------------------------- CRIME NO.623 OF 2008 OF THIRUVALLA POLICE STATION, JUDICIAL MAGISTRATE OF 1ST CLASS, THIRUVALLA PETITIONERS/ACCUSED NO.2 --------------------------------------------- RAJU, S/O. GEORGE, KARUMALAKIZHAKKECHARUVIL VEEDU, ERAVIPERUR VILLAGE VALLAMKULAM, THIRUVALLA TALUK. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT:- ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR BY SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ================== B.A.No. 7065 of 2008 ================== Dated this the 19th day of November, 2008 O R D E R The petition is for bail. 2. The alleged offences are under Sections 302 read with 34 of Indian Penal Code. According to prosecution, petitioner (second accused) along with his son (first accused) assaulted nephew of the de facto complainant and he succumbed injuries. Wooden plank were used for beating the deceased. 3. The petitioner was arrested on 4.9.2008 and the first accused was released on bail, he being a juvenile. On hearing both sides, I am satisfied that bail can be granted to petitioner on stringent conditions. Hence, bail is granted to petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. B.A.No. 7065 of 2008 -3- (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1.p.m. until further orders. (iii) Petitioner shall not leave the limits of police station within which crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail, and in case of breach of this condition bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE rhs