IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3371 of 2008() ----------------------------- CRIME NO. 108/2008 OF THE PATTAMBI POLICE STATION) PETITIONER/ACCUSED ----------------------------------- SHYJU, S/O.RAMAN @ APUTTY, MELEPURATH VEEDU, EDAPPALAM, VILAYOOR, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3371 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R Application for bail. 2. Petitioner allegedly committed murder of his father on 21-3-2008 and dumped the dead body in a gunny bag into the Bharathapuzha. The body was found in a decomposed state and it was identified as that of his father. The petitioner allegedly left Dubai between 21-3-2008 (date of occurrence) and 25-3-2008 (the day on which the body was found). 3. The learned counsel for the petitioner submits that at this stage, it may not be possible for the petitioner to deny the allegations, but he would argue on the basis of the available records, admitting all the allegations merely for the purpose of bail application. It is pointed out that as per the postmortem certificate, none of the incised injuries sustained by the deceased was on any vital organ and the cause of the injury was not due to any incised wound sustained by the injured. The cause of death is injury No.7, which is a scalp contusion 3 x 2 c.m. with communited fracture, which maybe caused by a heavy fall also, it is submitted. BA 3371/08 -2- 4. According to the petitioner, the deceased, his father, was a chronic alcoholic and he was treated by Neuro Psychiatrist as revealed from Annexure-B. The said document reveals that he was treated by a psychiatrist in 2006 with history of violent and destructive nature, suspicious thoughts, lack of responsibility, incoherent speech, saying lies, (sexual) promiscuous activities, etc. It would also show that he was having personality disorder features, alcohol dependence and that he is antisocial. It is submitted that during some violent attack from the deceased, some incident might have occurred, but it cannot be stated at this stage that it was a pre-meditated murder. The petitioner was in custody for the past 60 days and he may not be required for any recovery, since recovery is already effected. The probable witnesses are all his relatives and they are all questioned. 5. In the above circumstances the learned Public Prosecutor submits that he has no objection in granting bail on stringent conditions, ensuring that he will not influence witnesses or destroy any evidence which may be procured in investigation. 6. Hence, the petitioner is granted bail on the following conditions:- 1. The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the court below. BA 3371/08 -3- 2. The petitioner shall not leave Palakkad District without previous permission of the court below. 3. The petitioner shall surrender his passport before the court below within two weeks from his release from judicial custody. 4. The petitioner shall report before the Investigating Officer between 9 a.m. and 1 p.m. on every Monday until further orders. 5. The petitioner shall not influence any of the witnesses or destroy evidence and in case of any breach of this condition, the bail is liable to be cancelled. The application is allowed as above. K. HEMA, JUDGE. mn.