IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4673 of 2009()
1. IVAN, AGED 23 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4673 of 2009
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Dated this the 26 th day of August, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioner is accused No.1 in Crime
No.447/2009 of Koratty Police Station.
2. The offences alleged against the accused is under
Sections 302, 201 and 120 B read with Section 34 of the Indian
Penal Code.
3. The first accused is the son of accused Nos. 2 and 3.
Accused Nos. 2 and 3 had another son by name Jomon. It is
stated that he was a drunkard and he used to create unpleasant
scenes in the house. On 05.07.2009, there was a quarrel
between the first accused and Jomon during night. In the early
hours on 6.07.2009, it is alleged, the first accused hit the victim
with an iron rod and he died. The allegation against accused
Nos. 2 and 3 is that they disposed of the dead body in
Chalakudy river and thus committed the offence under Section
201 and for commission of that offence they hatched a
conspiracy. The petitioner was arrested on 18.07.2009 and he
B.A. No. 4673 of 2009 2
was remanded to judicial custody.
4. As per the order dated 29.07.2009 in B.A. No. 4219 of
2009, bail was granted to accused Nos. 2 and 3.
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 the present stage of
investigation, I am of the view that bail can be granted to the
petitioner.
5. The petitioner shall be released on bail on his executing
a bond for Rs. 25,000/- each with two solvent sureties each for
the like amount to the satisfaction of the Judicial Magistrate of
the First Class,Chalakudy subject to the following conditions:-
A) The petitioner shall appear before the
Investigating Officer between 9. A.M.
and 11 A.M. on all Sundays, till the final
report is filed or until further orders.
B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioner shall not enter the limits of
Koratty Police Station for a period of two
months, except for complying with
conditions (A) and (B).
D) The petitioner shall not try to influence the
B.A. No. 4673 of 2009 3
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
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