IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4867 of 2009 CRIME NO.1198 OF 2009 OF NARAKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- ANEESH,S/O.KATHAPPAN,KIZHAKEDHATH VEEDU, PAZHANGADU KADAPURAM, EDAVANAKKAD KARA, EDAVANAKKADU VILLAGE. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, NARAKKAL POLICE STTION, STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4867 OF 2009 ------------------------------------------------------ Dated this the 10th day of September, 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.1198 of 2009 of Narakal Police Station. 2. The offence alleged against the petitioner originally was under Section 308 of the Indian Penal Code. Subsequently, on 7.9.2009, the victim succumbed to the injuries. Thereafter, the offence was altered as Sections 304 and 325 of the Indian Penal Code. 3. The incident occurred on 9.8.2009. The petitioner was arrested on 10.8.2009 and he is in judicial custody since then. 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 on stringent conditions. B.A. NO. 4867 OF 2009 :: 2 :: 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 satisfaction of the Judicial Magistrate of the First Class – I, Kochi, 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 into the limits of Narakal Police Station for a period of two months 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/