IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2183 of 2009() ---------------------------------------- CRIME NO.200/2009 OF ARANMULA POLICE STATION. CRMP.2336/2009 of J.M.F.C.-I,PATHANAMTHITTA .................... APPLICANT/ACCUSED: ------------------------------------- VENUGOPAL, S/O.THANKAPPAN NAIR, AGED 37 YEARS, PARAPANNI PUTHENVEETTIL, VAZHAKUNNAM, CHERUKOLE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, (PRESENTLY IN JUDICIAL CUSTODY). BY ADV. SRI.JACOB P.ALEX RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2183 of 2009 ------------------------------------ Dated this the 23rd day of May, 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. 200/2009 of Aranmula Police Station. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. The learned Public Prosecutor submits that the application was filed to alter the offence as one under Section 304 of the Indian Penal Code. 3. The deceased is the brother of the accused. The prosecution case is that on 18/03/2009, the accused attacked the deceased with a log of firewood and caused fatal injuries on his head. The deceased succumbed to the injuries on the same day. The accused was arrested on 19/03/2009 and was produced before the court on 20/03/2009. The petitioner is continuing in Judicial custody. 4. The learned counsel for the petitioner pointed out several circumstances and submitted those circumstances are B.A. No. 2183/ 2009 2 inconsistent with the offence alleged. 5. Learned Public Prosecutor made available a copy of the post-Mortem certificate dated 18/03/2009. The opinion as to the cause of death is recorded therein as follows: “ Post Mortem findings are consistent with death due to occlusive coronary artery disease. Final opinion is reserved pending the results of laboratory examination. ” 6. 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. 7. The petitioner shall be released on bail on his/her executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pathanamthitta subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and B.A. No. 2183/ 2009 3 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall not enter into the territorial limits of Aranmula Police station except for complying with the condition No.A. 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 scm