IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 Bail Appl..No. 7628 of 2011() ----------------------------- (CRIME NO.282/11 OF THE ULICKAL POLICE STATION, KANNUR DISTRICT) (CRL.M.C.NO.1195/2011 OF THE COURT OF SESSIONS, THALASSERY) PETITIONER/ACCUSED: --------------------------------------- SHAJU AUGUSTINE, AGED 43 YEARS, S/O.AUGUSTY, EX-SERVICE MAN, VETTIPLAVIL HOUSE, ATTARANJI, P.O.LICKAL, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, KOCHI-31. BY P.P.MR.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.7628 of 2011 ---------------------------------------------------- Dated this the 20th day of September, 2011 Order The petitioner is the sole accused in Crime No.282 of 2011 of Ulickal Police Station. A crime was registered alleging the offences under Section 304 IPC and Section 3(2)(v) of SC/ST(PA) Act and also under Section 3 read with Section 25(IB)(a) of the Arms Act. It is alleged that on 28.8.2011 the petitioner along with other persons went for hunting in the forest. On hearing the sound of so many persons, the wild animal(wild boar) ran away and when the accused fired at that animal, it happened to hit the deceased accidentally instead of hitting the wild animal. The deceased died due to the bullet injuries sustained by him. 2. The learned counsel for the petitioner submits that even if the case of the prosecution is accepted, it would reveal that the incident is purely accidental and there was no knowledge that the gun shot will hit the deceased or any other person. This submission is resisted by the learned Public Prosecutor. The learned counsel for the petitioner further submits that the investigation is almost over and the gun used in the incident was seized and that the petitioner will abide by all the conditions that BA 7628/11 2 may be imposed by this court and hence bail may be granted. The petitioner was arrested on 28.8.2011. Considering all the aspects, the petitioner is granted bail with effect from 29.9.2011 subject to the following conditions: 1. The accused shall execute a bond for Rs.1,00,000/- (Rs.One Lakh only) with two solvent sureties for the like sum to the satisfaction of the JFCM Court, Thalassery. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies or the original title deeds of the sureties. 2. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Tuesdays and Saturdays between 10 AM to 11 AM until further orders. 3. He shall not enter the limits of Ulickal Police Station except for compliance of the condition No.2 as aforesaid. 4. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 5. The accused will also file an affidavit that he will abide by all BA 7628/11 3 the conditions as mentioned above and that he will not commit any such offence and that he will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 6. The accused and the sureties shall not leave the jurisdiction of the JFCM Court, Thalassery without the prior permission of the learned Magistrate. 7. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. 8. The petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the investigating officer and the learned Magistrate. The Bail Application is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd BA 7628/11 4 BA 7628/11 5