Shyju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 5158 of 2015 ------------------------------------- CRIME NO. 489/2014 OF KOTTAYAM WEST POLICE STATION , KOTTAYAM --------------------- PETITIONER(S)/ACCUSED:

------------------------------------- SHYJU, AGED 51 YEARS, MADATHIPARAMPIL HOUSE, PARAMBUKARA COLONY, THIRUVANCHOOR KARA, MANARCADU VILLAGE, KOTTAYAM. BY ADV. SRI.JINU JOSEPH RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5158 of 2015 ------------------------------------------------ Dated this the 16th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.489/2014 of Kottayam West Police station registered for an offence punishable under Section 302 I.P.C.

3.

Prosecution case, in short, is that the petitioner committed murder of his wife on 20-03-2014. He remains in custody from that date onwards. Investigation has been completed. Charge had been filed and the case is committed to Sessions Court, Kottayam as S.C No.269/2015 pending before the Additional Sessions Court- II (Spl.), Kottayam. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Considering the entire facts and circumstances of the case, I find that bail can be granted to the petitioner with

B.A No.5158 of 2015 2 following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned Sessions Judge need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the Court on all posting dates without fail.

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Sessions Judge is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// amk P.A to Judge