Radhakrishnan vs State Of Kerala Represented By The on 9 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7208 of 2009()


1. RADHAKRISHNAN, AGED 24 YEARS,
                      ...  Petitioner
2. THANKAMMA, AGED 43 YEARS,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.A.SHAFEEK (KAYAMKULAM)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/12/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.7208 of 2009
                  ---------------------------------------------
            Dated this the 9th day of December, 2009


                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioners are accused Nos.1

and 2 in Crime No.878 of 2009 of Pandalam Police Station.

2. The offences alleged against the petitioners are under

Sections 447, 324 and 302 read with Section 34 of the Indian

Penal Code.

3. The date of occurrence was on 1.11.2009. The

prosecution case is that the accused persons attacked the

son-in-law of the deceased at the residence of the deceased. The

deceased interfered. At that time, he was also attacked. The

deceased fell down and he died. It is submitted that the

deceased was having heart ailments.

4. The learned Public Prosecutor submitted that the

doctor has stated that the death was due to heart attack.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioners, the nature of the offence and the present stage of

investigation, I am of the view that bail can be granted to the

BA No.7208/2009 2

petitioners.

The petitioners shall be released on bail on their executing

bond for Rs.25,000/- each with two solvent sureties for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class, Adoor, subject to the following conditions:

a) The petitioners 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 petitioners shall appear before the investigating officer
for interrogation as and when required;

c) The petitioners shall not enter into the limits of Pandalam
Police Station for a period of two months except for
complying with conditions (a) and (b);

d) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

e) The petitioners 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
csl