IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 4324 of 2010() ----------------------------- CRIME NO.514/2010 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM .................... (S): PETITIONER ------------------------------ HARIRAJ,AGED 44,S/O.SADSIVAN PILLAI, THUNDUVILA PUTHEN VEEDU, NEAR MUTHUMARIYAMMAN TAMPLE, UDIYAMKULANGARA, ARAYOOR DESOM, CHENKAL VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4324 of 2010 ---------------------------------------------- Dated 27th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 323 and 302 of the Indian Penal Code. According to prosecution, on 17.5.2010, at about 5 p.m., petitioner picked up a quarrel with the deceased and he was wrongfully restrained and beaten up. He was also pushed down and he sustained injuries. The deceased was taken to the hospital only on the next day and after one month, he died at the hospital, on 22.6.2010. 3. Learned counsel for petitioner submitted that deceased, under intoxication, came to the petitioner and picked up a quarrel with him. Petitioner and deceased are close relatives. He did not do anything much and, did not intend to cause his death also, as clear from the First Information Statement given by none other than the widow of the deceased. It will be clear from the F.I. Statement that the deceased himself was the aggressor. Petitioner did not use any weapon. Even if the entire allegations are accepted, he has committed only offences under BA NO. 4324/10 2 Sections 341 and 323 of the Indian Penal Code. It is also pointed out that as per the F.I.statement, the incident happened near a Kalyanamandapam. But, the deceased was found lying down in a property belonging to some other person. The deceased would have, under intoxication, fallen down some where and petitioner is not liable for the injury, if any, sustained in such fall, it is submitted. It is also submitted that petitioner is in custody for the past 34 days, with effect from 24.6.2010. 4. Learned Public Prosecutor submitted that the F.I. statement was given by a person, who is not a witness to the incident. It was only a hearsay information. However, taking into consideration the stage of investigation, this petition is not opposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : BA NO. 4324/10 3 (i) Petitioner shall report before the Investigating Officer on every alternate Sunday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i) (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs