IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8462 of 2011() ----------------------------- CRIME NO.2324/11 OF ALUVA POLICE STATION .................... PETITIONER/SOLE ACCUSED: --------------------------------- PUSHPAKARAN, S/O.KUMARAN, CHAKKALACKAL HOUSE, EDAYYAPURAM, ALUVA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, ALUVA POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8462 of 2011 --------------------------- Dated this the 19th day of October, 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.2324 of 2011 of Aluva Police Station. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 20.8.2011 at 7.45 P.M., the petitioner stabbed the deceased. The deceased was the paternal uncle of the petitioner. The deceased succumbed to the injuries on the same day. The petitioner surrendered before the police on 22.8.2011 and on production before court, he was remanded to judicial custody. 4. It is submitted that after completing the investigation, final report was filed. BA 8462/11 2 5. The learned counsel for the petitioner submitted that the family of the petitioner shifted their residence from the place of occurrence to Koonammavu, outside the jurisdiction of Aluva Police Station. The occurrence took place within the limits of Aluva Police Station. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, subject to the following conditions: A) The petitioner shall not enter into the limits of Aluva Police Station for a period of two months; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA 8462/11 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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