IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4162 of 2009()
1. THOBIYAS, AGED 43 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4162 of 2009
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Dated this the 30th day of July, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.108 of 2009 of Ramamangalam Police Station.
2. The offence alleged against the petitioner is under
Section 302 of the Indian Penal Code.
3. The date of occurrence was on 7.3.2009. The
petitioner was arrested on 8.3.2009. The petitioner filed Bail
Application No.2622 of 2009 which was dismissed by me by the
order dated 29th May 2009. Thereafter, the petitioner moved the
Sessions Court for the grant of default bail under Section 167(2)
of the Code of Criminal Procedure. The learned Sessions Judge
rejected that prayer and dismissed the application on 29.6.2009.
4. Learned counsel for the petitioner submitted that in
this Bail Application the petitioner is not claiming any benefit
under Section 167(2) of the Code of Criminal Procedure. The
petitioner confines his submission on the merits of the case.
Learned counsel for the petitioner submitted that the accused as
BA No. 4162/2009 2
well as the deceased were living together in a house. They were
coolie workers. They belong to Tamil Nadu.
4. 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 on stringent conditions.
The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like
amount, who shall be persons belonging to State of Kerala and
who own immovable properties in the State of Kerala, to the
satisfaction of the Judicial Magistrate of the First Class-
Kolencherry. The sureties shall produce the title deeds in
respect of their property before the learned Magistrate for
perusal. The grant of bail is also subject to the following
conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Sunday, Wednesday
and Friday, till the final report is filed or until further
orders;
b) The petitioner shall not leave the limits of Ramamangalam
Police Station without the permission of Judicial Magistrate
of the First Class – Kolencherry.
BA No. 4162/2009 3
c) 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 mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
csl