IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7643 of 2008() ----------------------------- CMP.2839/2008 of J.M.F.C.,PEERUMEDU CRIME NO. 461/2008 OF PEERAMEDU POLICE STATION PETITIONERS (S): ACCUSED 1 TO 3:- --------------------- 1. ROY JOSEPH @ KONAY, S/O.JOSEPH @ BABY, PALLIKUNNEL VEEDU OTTAYEETTI KADUPPARABHAGOM VELLIKULAM KARA, THEKOY VILLAGE. 2. VARGHESE @ BEJOY, S/O.VARGHESE @ MATHAI, VAYAMBOORU VEEDU OTTAYEETTIL KADUPPARA BHAGOM, VELLIKULAM KARA, THEKOY VILLAGE. 3. SOJI GEORGE @ SOJI, S/O.GEORGE @ VAKACHAN, KOCHUPURACKAL VEEDU OTTAYEETTI KADUPPARA BHAGOM, VELLIKULAM KARA, THEKOY VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. BY C.I. OF POLICE, PEERAMEDU. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7643 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 304, 201 read with section 34 IPC. According to prosecution, accused nos. 1 to 4 were engaged in hunting wild animals. Accused nos. 1 and 4 were having country gun in their hands. Incidentally, 1st accused happened to shoot the gun and it hit against 4th accused who is his friend and he succumbed to the injuries sustained. Therefore, a crime was registered against all the accused. 3. Petitioners are accused nos. 1 to 3. Learned counsel for petitioners submitted that even as per the allegations made by prosecution, it was a case of accidental death. There was no intention, it is submitted. Petitioners were arrested on 14-11- 2008, after four days of the incident. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 3. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the BA 7643/08 -2- Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.