IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6927 of 2009() ----------------------------- CRIME NO.565/09 OF ANCHALUMMOODU POLICE STAION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- SASIDHARAN,S/O.RAMAN, LEKSHMI BHAVAN,KUPPANA,MURUNTHAL B.WARD, MURUNTHAL CHERRY,TRIKKADAVOOR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KUNDARA,KOLLAM DISTRICT. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6927 of 2009 --------------------------------------------- Dated this the 2nd day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.565 of 2009 of Anchalummoodu Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 16.10.2009. The deceased was the wife of the petitioner. The petitioner was arrested on 17.10.2009 and he was remanded to judicial custody. 4. The petitioner is aged 60 years. The victim was aged 59 years. The allegation is that while the son of the petitioner was watching television, the petitioner scolded him. The wife of the petitioner intervened. The petitioner pushed her towards the wall. She fell unconscious. On the same day, she died. 5. 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 BA No.6927/2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, 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 Anchalummoodu Police Station, Kollam District for a period of two months except for complying with conditions (a) & (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 csl