High Court Kerala High Court

Nibu Varghese @ Nibu vs State Of Kerala on 15 January, 2008

Kerala High Court
Nibu Varghese @ Nibu vs State Of Kerala on 15 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 75 of 2008()


1. NIBU VARGHESE @ NIBU,
                      ...  Petitioner
2. MOHANAN, S/O.NARAYANAN,
3. KUMAR, S/O.THANKAYYA NADAR,

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :15/01/2008

 O R D E R
                              R.BASANT, J
                       ------------------------------------
                          B.A.No.75 of 2008
                      -------------------------------------
             Dated this the 15th day of January, 2008

                                   ORDER

Application for regular bail. Petitioners are accused 1 to 3.

Altogether there are 3 accused persons. The petitioners face

allegations of having committed the offence punishable under

Section 302 r/w 34 I.P.C.

2. The defacto complainant and the 3rd accused are the

sons of the deceased. There was some bitterness and animosity

between the 3rd accused and the deceased consequent to a

dispute regarding partition of family property. Accused 1 and 2

are the friends of the 3rd accused. It is alleged that all the 3

accused, on 22.11.07, had come to the house of the deceased

and had quarrelled with the deceased. There was a physical

altercation also, it is alleged. On 28.11.07, the deceased

complained of pain in the stomach. He was taken to the hospital.

He breathed his last on 28.11.07 itself. Before the burial took

place, the defacto complainant lodged a complaint before the

police raising suspicion about the cause of death of the deceased.

The crime was initially registered under Section 174 Cr.P.C. The

alleged insistence of the 3rd accused that the body be burnt and

B.A.No.75 of 2008 2

not buried allegedly compounded the suspicion against the 3rd

accused. The crime has been registered initially under Section

174 Cr.P.C. But later the allegation under Section 302 I.P.C has

been included. Investigation is in progress. All the 3 petitioners

were arrested on 30.11.07. They continue in custody from that

date.

3. The learned counsel for the petitioners submits that

the petitioners are innocent. They have been brought on the

array of accused without any justification. It is idle to assume

that the deceased suffered the injuries on 22.11.07 and met with

his death on 28.11.07 on account of such injuries suffered on

22.11.07. The learned counsel for the petitioners brings to the

notice of the Court that there are no injuries described in the

postmortem certificate which can specifically reveal any

deliberate infliction of injury/violence on the deceased. In any

view of the matter, the petitioners, who have remained in

custody from 30.11.07, may now be enlarged on bail, it is

prayed.

4. The learned Public Prosecutor does not oppose the

application for regular bail, but only prays that appropriate

conditions may be imposed. Having considered all the relevant

B.A.No.75 of 2008 3

inputs, I am persuaded to agree that this is a fit case where the

petitioners can be granted regular bail now subject of course to

appropriate conditions.

3. In the result, this application is allowed. The

petitioners shall be released on bail on the following terms and

conditions.

i) The petitioners shall execute bonds for Rs.50,000/-

(Rupees Fifty thousand only) each with two solvent sureties each

for the like sum to the satisfaction of the learned Magistrate;

ii) The petitioners shall make themselves available for

interrogation before the Investigating Officer between 10 a.m and

12 noon on all Mondays and Fridays for a period of three months

and thereafter as and when directed by the Investigating Officer

in writing to do so;

iii) The petitioners shall not, during the said period of 3

months, enter the jurisdiction of Peerumedu Police Station,

without prior permission from the learned Magistrate, except for

the purpose of complying with condition No.ii above.

(R.BASANT, JUDGE)
rtr/-