IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Bail Appl..No. 6352 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5488/2011 CRMP.1616/2011 of J.M.F.C. - I, ETTUMANOOR CRIME NO.179 OF 2011 OF KIDANGOOR POLICE STATION .................... PETITIONER/ ACCUSED --------------------------- GEORGE MATHEW, AGED 56 YEARS,S/O.MATHEW,MAVILEMALAYIL HOUSE, PERIYARMANGALAM KARA, KIDANGOOR VILLAGE. BY ADV. SRI.GEORGE MATHEWS SMT.CELINE JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, CIRCLE INSPECTOR OF POLICE, KIDANGOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6352 OF 2011 --------------------------------- Dated this the 10th day of August, 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.179 of 2011 of Kidangoor Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 15.6.2011 at 7.30 P.M, the accused inflicted injuries on the deceased by stabbing him with a knife which resulted in the death of the injured. The petitioner was arrested on 17.6.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the B.A.No.6352 OF 2011 2 case on 5.8.2011. 5. 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. 6. The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ettumanoor, subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Kidangoor Police Station for three months. B) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Ettumanoor. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. C) The petitioner shall report before the Circle Inspector of Police, Pala, between 9 A.M and 11 A.M on alternate Mondays, until B.A.No.6352 OF 2011 3 further orders. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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