IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7957 of 2011(M) ------------------------------------------- CRIME NO.157/2011 OF PAYYAVOOR POLICE STATION, KANNUR DISTRICT -------------------------------------- APPLICANT/ACCUSED NO.1 ------------------------------------------ M.K.BENNY @ JACOB, AGED 35 YEARS, S/O.KURIAN, MATTATHANANI HOUSE, VAYATHUR DESOM, KALANKI. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADV.SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSEOCUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PAYYAVOOR POLICE STATION. BY PUBLIC PROSECUTOR MR.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.7957 OF 2011 --------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.157 of 2011 of Payyavur Police Station. 2.The offences alleged against the petitioner are under Sections 120B, 449, 307 and 302 of the Indian Penal Code. 3.The prosecution case is that on 21.6.2011 at about 8 A.M, the accused persons went to the house of the deceased and stabbed her and her son. The deceased succumbed to the injuries. Her son was seriously injured. It is alleged that the petitioner was in love with the daughter of the deceased and the deceased and her daughter did not accept the proposal of the petitioner to marry the daughter of the deceased. It is alleged that the offence was committed due to that enmity. 4. The learned Public Prosecutor submitted that if the petitioner is released on bail, the life of the daughter of the deceased and her brother would be in peril. B.A. No.7957 OF 2011 2 5. The learned counsel for the petitioner submitted that the daughter of the deceased is working in Andhra Pradesh as a nurse. It is submitted that the petitioner attempted to commit suicide and he was in the hospital for ten days. It is submitted that the petitioner is suffering from jaundice as a result of the consumption of the poison. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. . 7.The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: B.A. No.7957 OF 2011 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays, till the final report is filed or until further orders. Even after filing the final report, the petitioner shall report before the Inspector of Police, Sreekandapuram on every Monday till the trial of the case is over. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not enter into the Police Station limits of Payyavur Police Station until further orders. D) The petitioner shall not leave the State of Kerala without prior permission from the court having jurisdiction. E) If the petitioner requires treatment for a period of more than two days making it impossible for him to comply with condition (A) and (B), the petitioner shall obtain necessary permission from the court having jurisdiction to exempt him from complying with those conditions for such period as the court may deem fit and proper. F) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.7957 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms