IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3760 of 2010() ------------------------------------------ CRIME NO.269/2010 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED 1 & 2 -------------------------------------------- 1. SHAJU KUMAR M.B.S/O.G.MADHAVAN, AGED 38 YEARS, BUSINESS, TRIVANDRUM JAYANIVAS, T.C.10/2214, KPNRA, CHANTHAMOOLA ROAD, KANJIRAMPARA P.O., TRIVANDRUM (A1) 2. PRADEEP KUMAR R., S/O. RAJAPPAN, AGED 31 YEARS, POLICE CONSTABLE, T.R.A108 UDAYA BHAVAN, THOZHUVANCODE, VATTIYOORKAVU P.O. THIRUVANANTHAPURAM (A2) BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): STATE -------------------- THE CIRCLE INSPECTOR OF POLICE, PEROORKADA CIRCLE, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3760 of 2010 ------------------------------------ Dated this the 23rd day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 447 and 304 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners (A1 and A2) trespassed into the property of the de facto complainant and assaulted him by kicking, when he under intoxication abused the first accused. Second accused kicked him on the stomach and he succumbed to injuries. 3. Learned counsel for petitioners submitted that petitioners are in custody from 06.05.2010 for the past 48 days. The incident happened on 04.05.2010. There is no motive for the crime. The de facto complainant was under the influence of liquor. No weapon was used for commission of offence. There was some quarrel between the neighbours and the unfortunate incident happened. 4. This petition is not opposed. Learned Public Prosecutor submitted that second accused is a police constable and first accused is his immediate neighbour and they may be directed, B.A. No. 3760 of 2010 2 not to enter the limits of the police station, to avoid further incident. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln