IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8459 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5738/2011 Dated 04/08/2011 CRMP.3803/2011 of J.M.F.C.-I, CHENGANNUR Crime No.248 of 2011 of Mannar Police Station .................... PETITIONER/ACCUSED -------------------------------------- SUBASH @ MANIKUTTAN, AGED 38 YEARS, S/O. SIVARAMAN, MALALIL THARAYIL, PVUKKARAMURI, KURATTISSERI VILLAGE, MANNAR, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8459 OF 2011 --------------------------------- Dated this the 19th day of October , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.248 of 2011 of Mannar Police Station. 2. The offences alleged against the petitioner are under Sections 341 and 302 of the Indian Penal Code. 3. Originally the crime was registered under Section 174 of the Code of Criminal Procedure for unnatural death. Later the offence under Sections 341, 323, 324, 326 and 306 of the Indian Penal Code were incorporated. During investigation it was revealed that the accused committed the murder of the deceased. Therefore, the Sections of offences were altered as Sections 341 and 302 of the Indian Penal Code. 4. The accused is a police driver. He is the neighbour of B.A.No. 8459 OF 2011 2 the deceased. On a particular day he parked the police van in front of the house of the deceased. The deceased requested him to remove the van and said that if the van was parked there it would be inconvenient for the people. It was not liked by the accused. On the date of occurrence, that is, on 16.05.2011 at about 7.15 P.M, it is alleged that the accused attacked the deceased. The deceased fell down and cried aloud that he was being killed. It is alleged that the accused stated that he would not allow the deceased to live. The allegation is that the accused kicked and stamped him on various parts of the body resulting in the fracture of 6 ribs on either side of his body. The deceased did not go to the hospital nor did he file any petition before the police. The incident was witnessed by several persons. The deceased told some of them that there was no point in his living. The deceased went to his house. He didn't take any food. On the next morning he was found dead. It was thought that the deceased committed suicide and therefore the appropriate offence was incorporated. Later it was revealed that there was no consumption of poison and the deceased died as a result of the injuries sustained by him due to the attack of the B.A.No. 8459 OF 2011 3 accused. The accused was arrested on 16.05.2011 and he was remanded to judicial custody. 5. The petitioner approached this court for bail on four occasions. Three of the Bail Applications were dismissed on merits and the last one was withdrawn. This is the 5th Bail Application filed by the petitioner. It is submitted that after completing investigation, charge sheet was filed. The counsel for the petitioner also submitted that the committal proceedings are over. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following B.A.No. 8459 OF 2011 4 conditions: A) The petitioner shall not enter into the Police Station limits of Mannar Police Station until further orders. B) The petitioner shall report before the District Superintendent of Police, Alappuzha on every Monday between 9 A.M and 11 A.M, until further orders. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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. cms