IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Bail Appl..No. 3892 of 2008() ----------------------------- CRIME NO.176/08 OF VARAPUZHA POLICE STATION .................... PETITIONER : ACCUSED: ------------------------- SHAJAN @ SAJAN, AGED 35 YEARS, S/O.JOSEPH, ODIPPATTU HOUSE, OLANADU KARA, ALANGAD VILLAGE. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.3892 of 2008 --------------------------------------- Dated this the 10th day of July, 2008 O R D E R Petition for bail. 2. The alleged offences are under Sections 449 and 302 IPC. According to the prosecution on 18.4.2008, the petitioner committed murder of his own brother by trespassing into the house and stabbing with a knife. 3. The petitioner is in custody from 20.4.2008 onwards. Learned counsel for the petitioner submitted that the charge sheet has been laid. 4. Learned public prosecutor submitted that the petitioner is not required for the purpose of investigation. But the petitioner's mother and father are the eye witnesses to the occurrence and hence, proper conditions may be imposed to prevent tampering with evidence or influencing or threatening the witnesses. On such conditions, he has no objection in granting bail. Hence, bail is granted to the petitioner on the following BA No.3892/2008 2 terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the crime is committed except for compliance of direction in clause No.(ii) above. (iv) Petitioner shall not influence or threaten any witness or tamper with the evidence and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl