IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7827 of 2008() ----------------------------------- CRIME NO.1178/08 OF FORT KOCHI POLICE STATION PETITIONER/ACCUSED : ----------------------------- GEORGE JOSEPH @ JOLLY, AGED 38, S/O.JOSEPH, PUNNACKAL HOUSE, MOOLAMKUZHY P.O., KOCHI-2. BY ADV. SRI.S.SREEKUMAR RESPONDENT/COMPLAINANT : ------------------------------------ THE CIRCLE INSPECTOR OF POLICE, FORT KOCHI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7827 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 302 and 34 of I.P.C. According to prosecution, the deceased was in possession of a building owned by first accused. He wanted the tenant to vacate the building and since he was not heeding to the request, an attempt was made to physically evict him and first accused along with three others went to the premises and assaulted him and succumbed to the injuries sustained. 3. The incident occurred on 20.11.2008 and accused nos.1 and 2 were arrested on 21.11.2008. Petitioner is the second accused. Learned counsel for petitioner submitted that first accused was granted bail by Sessions court as per order dated 18.12.2008 in Crl.M.C. No.2306/08. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, since similarly placed accused was granted bail. On hearing both sides, I find that bail can be granted on B.A.7827 of 2008 2 the following terms and conditions. Hence, the following order is passed : Petitioner shall be released on bail on executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witnesses 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 pac