IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2536 of 2010()
1. MURALI @ MURALI YESUDASAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :17/05/2010
O R D E R
K. HEMA, J.
---------------------------------------------------
B.A. No. 2536 of 2010
---------------------------------------------------
Dated this 17th day of May, 2010.
ORDER
Petition for bail.
2. The alleged offence is under Section 302
IPC. The prosecution case, as narrated in Annexure-A1
order, is as follows:
“The prosecution case is that on
6.3.2010 at about 1 p.m. the deceased
Babu and his friend Josekuttam @ Renjith
came to the house of the accused in a
drunken state. The accused who was
sleeping on the cot was asked to lie on the
floor and beaten by deceased Babu and his
friend Renjith with their hands. The
accused who slowly try to roll the mat on
the floor to lie down was called obscene
words and slapped on the face by the
deceased. The accused who again tried to
spread the mat was kicked on his face and
pushed out side the house, as a result of
which two teeth of the accused was
dislocated which caused bleeding from his
mouth. The accused went to the house of
Josekuttan to drink water. Again the
deceased and Renjith came there to attack
the accused. The accused ran to his house
for safety and took a piece of wood and had
beaten the deceased on his head with the
deceased was returning to his house.”
B.A.No.2536/10 2
2. Learned counsel for petitioner submitted that a
reading of the facts narrated by learned Magistrate
themselves will show that petitioner is not guilty of the offence
under Section 302 IPC, but deceased and another were
aggressors and that petitioner was acting in self-defence.
3. Learned Public Prosecutor submitted that petitioner
was arrested on 25.3.2010 and he is in custody for the past 55
days.
4. On hearing both sides, I am satisfied that petitioner
can be granted bail and the following order is passed:
Petitioner is granted bail on his executing
bond for Rs.25,000/- with two solvent sureties
each for the like sum to the satisfaction of the
Magistrate Court concerned on the following
conditions:
(i) Petitioner shall report before the
Investigating Officer on 1st Monday of
every month until the charge-sheet is
laid.
B.A.No.2536/10 3
(ii) Petitioner shall not commit any
offence while on bail.
(iii) If the petitioner is involved in any other
offence while on bail, his bail is liable
to be cancelled.
Petition is allowed.
Sd/-
K.HEMA, JUDGE.
krs.
