IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7250 of 2008() ----------------------------- CRIME NO. 116/2008 OF MELUKAVU POLICE STATION PETITIONER/ ACCUSED: --------------------------------------- BENNY @ KUTTICHAN, S/O JOSEPH, KULATHINKAL HOUSE, MANKOMP KARA, MOONILAVU VILLAGE KOTTAYAM DISTRICT. BY ADV. SRI.JOHNSON MATHEW RESPONDENT(S): COMPLAINANT -------------------------- CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, REP.THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7250 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November,2008 O R D E R Petition for bail. 2. The alleged offence is under section 302 IPC. According to prosecution, deceased went to house of accused and at that time accused was not present in the house. His wife and daughter alone were there. Deceased misbehaved to accused's wife and daughter and therefore, they left the house. The deceased was lying in front of the house, thereafter. At that time, accused came there and on seeing the accused, deceased told him that his wife and daughter were “finished off” by him. On hearing this, accused beat deceased with an iron rod and he succumbed to the injury. 3. Learned counsel for petitioner submitted that deceased was involved in 48 criminal cases and in most of the cases deceased misbehaved to women. He was in the habit of making physical advances to women and he was notorious for such activities. When the accused came to his house, deceased was found in a drunken stage in front side of his house and he also told accused that his wife and daughter were “finished off”. Petitioner suddenly felt that he must have molested them and some danger would have been caused to them and hence, on a BA 7250/08 -2- sudden provocation, he hit deceased with an iron rod. This happened only on a grave and sudden provocation. There is only one injury on the deceased. Petitioner is not involved in any other offence and hence, he may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that it cannot be said that the incident occurred on a grave and sudden provocation. It is also submitted that accused and deceased are close relatives and it is likely that the witnesses may be influenced by accused, if he is released on bail. However, it is submitted that the charge sheet is already laid and petitioner may not be wanted for purpose of investigation. 5. On hearing both sides, I find that bail can be granted to petitioner on stringent conditions. 6. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 5 p.m. and 8 p.m. until further orders. BA 7250/08 -3- 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled This petition is allowed. K.HEMA, JUDGE. mn.