IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8871 of 2011() ----------------------------- CRIME NO.8871/2011 OF AMBALATHARA POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- AREEKARA KUNHI RAMAN, AGED 50 YEARS, S/O. RAMAN, AREEKARA HOUSE, MEENGOTH, PULLUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH SMT.P.M.SHIJI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8871 of 2011 --------------------------- Dated this the 10th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.289 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that due to previous enmity, the petitioner committed murder of the deceased, who was aged 72 years at the relevant time. It is alleged that on the date of the incident, the victim was attacked by the petitioner with dangerous weapons. Injuries were caused on the head and face of the deceased. The victim succumbed to the injuries on 1.9.2011. The petitioner surrendered before the investigating officer on 3.9.2011 and on BA 8871/11 2 production before court, he was remanded to judicial custody. 4. Bail Application No.8407 of 2011 filed by the petitioner was dismissed by the order dated 18th October, 2011. Investigation has progressed much thereafter. It is submitted that there were several cases between the accused and the deceased. It is also stated that the wife of the deceased had poured acid on the face of the petitioner. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions: BA 8871/11 3 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, 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 Ambalathara Police Station for a period of one month except for complying with conditions (A) and (B); D) The petitioner shall not try to influence the 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 csl