IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3909 of 2009() ----------------------------- CRIME NO.612/09 OF KODUNGALLUR POLICE STATION .................... PETITIONERS (S): ACCUSED: ---------------------------- 1. NITHIN, S/O.ALEX, THUNDUPARAMBIL HOUSE, KOTTAPPURAM, METHALA VILLAGE. 2. ARAVINDAN @ ARAVINDAKSHAN, S/O.KUMARAN, PATHIYASSERY HOUSE, ALA, S.N.PURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CI OF POLICE, KODUNGALLUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3909 of 2009 ----------------------------- Dated this the 17th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 and 2 in Crime No.612 of 2009 of Kodungallur Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 341, 326 and 302 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is as follows: The deceased was walking along the side of the road. The bus in which the petitioners are conductor and cleaner was being driven with great speed. The deceased fell down because some part of the body of the bus came into contact with his body. The deceased and his friends questioned the illegal acts of the driver of the bus. At that time, the petitioners attacked the deceased with a tyre rod. He sustained injuries on his knee. He was hospitalised. He died on the same day. 4. Learned counsel for the petitioner submitted that even if the prosecution case is accepted in toto, Section 302 would not be attracted and only Section 326 would be attracted. The incident was on 12.6.2009. The petitioners were arrested on 14.6.2009 and they BA No. 3909/2009 2 were produced before the learned Magistrate on 15.6.2009. They are in judicial custody since then. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on his executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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