IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1338 of 2008() ----------------------------- CMP.727/2008 of J.M.F.C.,KUNNAMANGALAM CRIME NO.52/2008 OF KUNNAMANGALAM POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- K.PANCHASYAN ALIAS KUTTAPPAYI, SON OF VISWANATHAN, KANNATTIL HOUSE, CHETHUKADAVU, KUNNAMANGALAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1338 of 2008 ---------------------------------------- Dated this the 7th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 304 I.P.C. Initially, the crime was registered as one of unnatural death under Section 174 Cr.P.C. In the course of investigation, the specific allegation under Section 304 has been raised. The incident took place at 11.30 a.m on 14/2/2008. The deceased is the father of the petitioner. The deceased, in a state of intoxication, had assaulted his wife, that is the mother of the petitioner. The mother ran to take shelter. The deceased ran after her and continued the harassment. The petitioner intervened. He had allegedly, in an attempt to deter his father from assaulting his mother, used a stick. The deceased fell on a door frame and suffered injuries to which he succumbed later. Initially, it was perceived by others as a case of accidental death. That explains why the crime was initially registered under the caption unnatural death. The petitioner was arrested on 15/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not, in the peculiar facts and B.A.No.1338/08 2 circumstances of this case, oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner, who has remained in custody from 15/2/2008, subject to appropriate conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.1338/08 3 B.A.No.1338/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007