IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Bail Appl..No. 864 of 2010() ------------------------------------------- (CRIME NO.139/09 OF RAJAPPURAM POLICE STATION,KASARAGOD DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- TOMY P.J. @ GEORGE, S/O. JOHNY, MUNDOTTU, KALLAR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, RPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 864 of 2010 ------------------------------------ Dated this the 17th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 139/2009 of Rajapuram 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 on 01.12.2009, the petitioner had beaten his wife, the deceased, with a mace. The postmortem certificate shows that the death was due to the injury sustained on the head of the deceased. The petitioner was arrested on 02.12.2009 and he is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner that the petitioner has to maintain his three children. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 30.01.2010. 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 also the fact that charge B.A. No. 864 of 2010 2 sheet was filed in the case, 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 Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioner shall report before the Station House Officer, Rajapuram Police Station between 9 A.M. and 11 A.M. on alternate Mondays, until further orders. B) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg within a period of one week . If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 ln