IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6700 of 2008() ----------------------------- CRMP.9860/2008 IN CRIME NO.397/2008 OF MALA POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- RAJU, AGED 46, S/O.RAMAN, PALAPARAMBIL HOUSE NAITHAKUDY DESOM, MALA PO., PIN-680 732, THRISSUR BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, MALA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN-682031. 2. CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6700 of 2008 --------------------------------------------- Dated this the 7th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 302 IPC. According to prosecution, petitioner is an employee in a bar hotel. On seeing the deceased, picking up quarrel with other customers in the hotel, petitioner removed him from the hotel and on reaching the gate, deceased caught hold of his Dothi while he kicked him down. The deceased sustained injuries on falling on a water meter and he was taken to the hospital by police and he succumbed to injuries. 3. Learned counsel for petitioner submitted that petitioner was arrested on 3.9.2008 and he is in custody for the past 58 days. The incident happened in unfortunate circumstances and petitioner has not committed any act intentionally and hence, he may be granted bail, it is submitted. 4. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be BA No.6700/2008 2 imposed. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl