IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4373 of 2009() ------------------------------------- CRMP.2043/2009 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.125/2009 OF UPPUTHARA POLICE STATION, IDUKKI .................... PETITIONER/ACCUSED NO.3: -------------------------------------------- THOMAS @ THOMMAN, S/O.DEVASSIA, PALLIPARAMBIL VEEDU, CHEMBALAM BHAGOM, MARIKULAM KARA, AYYAPANKOVIL VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF UPPUTHARA POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4373 of 2009 ------------------------------------ Dated this the 3rd day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.125/2009 of Upputhara Police Station, Idukki. 2. The offence alleged against the petitioner is under Section 302 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 1/06/2009. Accused Nos. 1 and 2, who are the children of the 3rd accused, were arrested on 4/6/2009. The petitioner (A3) surrendered on 10/06/2009 and he is in judicial custody since then. Accused Nos.1 and 2 were ordered to be released on bail as per order dated 30/07/2009 in Crl. M.P.No.2258/2009 on the file of the Sessions Court, Thodupuzha. The learned Sessions Judge has stated in the order that the investigation is almost completed and that recovery of weapons was also effected. Material witnesses were questioned. It is submitted by the learned counsel for the petitioner that the petitioner is aged 72 years B.A. No.4373 / 2009 Page numbers and that even according to the prosecution, the injuries were inflicted by the second accused. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, Peermade 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, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. 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. B.A. No.4373 / 2009 Page numbers 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 scm