IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2930 of 2009 PETITIONER: ACCUSED --------------------------- SUNIL KUMAR, AGED 38 YEARS, S/O. LATE PARAMU, THIRUNILATHU VEEDU, KUNNAMPALLY PARAMBU, MANAKKODAM ROAD, ELAMAKKARA. BY ADV. SRI.P.B.ASOKAN SMT.P.LATHA SRI.P.J.UNNIKRISHNAN SRI.P.B.AJOY SMT.SAJNA E.K. SMT.PRAISHEEL PRAKASHAN RESPONDENT: COMPLAINANT : -------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2930 OF 2009 ------------------------------------------------------ Dated this the 5th June, 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 accused in Crime No.702 of 2009 of Kalamassery Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 the accused stabbed his brother on account of a dispute regarding sharing of property. The petitioner is in judicial custody since 7.5.2009. Major part of the investigation is over, submits the Public Prosecutor. 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 for the like amount to the B.A. NO. 2930 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class – II, Aluva, 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 enter the limits of Kalamassery Police Station until further orders, except for complying with conditions (a) and (b). d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/