IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2690 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1232/2008 Dated 03/03/2008 CMP.509/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO. 9/2008 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM. .................... PETITIONER/ ACCUSED ----------------- VIJAYAN,S/O.GOPALAN,AGED 40, ELAVUNGAL HOUSE,POONJAR,RESIDING AT KAMBI LANE, 6TH MILE,MAMALAKANDOM,KUTTAMPUZHA,KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.AJEESH S.BRITE SRI. V.VIPIN SRI. P.R.JOSHY RESPONDENT/COMPLAINANT ---------------------- STATE OF KERALA REP.BY STATION HOUSE OFFICER,KUTTAMPUZHA POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2690 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Second application for regular bail. Petitioner is the 1st accused. His wife is the 2nd accused. The 2nd accused has already been granted regular bail. The petitioner is alleged to have beaten the deceased, an old and sick person, a neighbour of his with a stick consequent to a dispute regarding drawal of water from a source in the forest near to his house. The alleged incident took place on 04.02.08. The petitioner was arrested on 04.03.08. His earlier application for regular bail was dismissed as per order dated 04.04.08 in B.A.No.2050 of 2008. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that in any view of the matter, the offence under Section 302 I.P.C is not revealed. At any rate, the petitioner, who has remained in custody from 04.03.08, may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application for regular bail on condition that appropriate safeguards may be imposed. Some further time may be given to complete the investigation, it is further requested. B.A.No.2690 of 2008 2 4. Having considered all the relevant circumstances, I am satisfied that the petitioner can be granted regular bail subject to appropriate terms and conditions. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 09.05.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner 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; iii) 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 3 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so; iv) During the said period of 3 months, the petitioner shall not enter the jurisdiction of Kuttampuzha Police Station, except for the purpose of complying with condition No.(iii) above. (R.BASANT, JUDGE) rtr/- B.A.No.2690 of 2008 3