IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7211 of 2011 CRIME NO.234/CR/HHW-1/2011 OF CBCID HHW WING-1, SUB UNIT, KOLLAM PETITIONER: ACCUSED NO.1: -------------------- ABDUL SALEEM @ SALEEM, S/O.SAINUDEEN CHIRAYUDE THEKKETEHIL VEEDU, PALLIMURI, PORUVASHI VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7211 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.234/CR/HHW-1/2011 of CBCID HHW Wing-1, Sub Unit, Kollam. 2. The offence alleged against the petitioner is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The deceased was having illicit relationship with the wife of accused No.1. The deceased was caught red handed on more than one occasion in this regard. On 6.5.2011, the accused persons attacked the deceased, kicked and fisted him and dropped him in a pond. The victim died of drowning. The body was found in the pond on 7.5.2011. Originally, the crime was being investigated by the local police. The father of the deceased filed representations before the Government and the investigation was handed over to CBCID. During the investigation, it BAIL APPL. NO.7211 OF 2011 :: 2 :: was revealed that the accused persons were involved in the offence. The petitioner was arrested on 7.8.2011 and he was remanded to judicial custody. 4. The second accused, who was arrested on 7.8.2011, was granted bail with effect from 6.9.2011, as per the order in B.A.No.6947 of 2011. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, subject to the following conditions: 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; BAIL APPL. NO.7211 OF 2011 :: 3 :: b) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Sasthamcotta. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; c) The petitioner shall not enter into the police station limits of Sasthamcotta Police Station, for a period of two months; d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 ahz/