IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4542 of 2009()
1. P.V.KOSHY, S/O.VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.4542 of 2009
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Dated this the 17th day of August, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No. 685/2009 of Punalur Police Station.
2. The offence alleged against the petitioner is under
Section 304 read with Section 34 of the Indian Penal Code.
3. The prosecution case is the following: Accused Nos. 3
to 6 came to the place for searching the deceased, as they had a
case that the deceased had stolen some articles (two mobile
phones and Rs.600/-) belonging to accused Nos.3 to 6. The
deceased came into contact with the fencing around the property
belonging to the second accused. Electricity connection was given
to the fencing, allegedly to protect the agricultural crops from the
attack of wild animals. The deceased came into contact with the
wire and was electrocuted. It is stated that the first accused is in
possession of the property on lease granted by the second
accused.
4. The petitioner was arrested on 3/08/2009 and he is in
B.A. No.4542 / 2009
Page numbers
judicial custody.
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.
6. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-III, Punalur subject to the following conditions:-
A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays, 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 try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
E) In case of breach of any of the conditions
B.A. No.4542 / 2009
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mentioned above, the bail shall be liable
to be cancelled.
The Bail Application is allowed as above.
K.T. SANKARAN, JUDGE
scm