Lijo v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6689 of 2015 () ------------------------------- CRIME NO. 1362/2015 OF PUDUKKAD POLICE STATION, THRISSUR DISTRICT ------------------ PETITIONER/ACCUSED :

------------------------------------- LIJO, AGED 31, S/O. DAVIS, THEKKUMPURAM HOUSE, PALAKKAPARAMBA, THRISSUR DISTRICT.

BY ADV. SRI.N.L.BITTO RESPONDENT/STATE OF KERALA :

---------------------------------------------------- THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE PUDUKKAD POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY SR. PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 30th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.1362 of 2015 of Pudukkad Police Station registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

3.

Prosecution case is that on 13.09.2015 at about 09.30 a.m., the petitioner assaulted his father with a wooden bench on head, which resulted in his death. Due to the mental shock, his mother committed suicide by hanging, on the same day.

4.

Heard both sides.

5.

Learned Public Prosecutor opposed the bail application contending that there should be safeguards to ensure his presence for further investigation. 6.

Considering the nature of allegations and stage of investigation, I am inclined to grant bail to the petitioner with the following conditions:

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

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner shall not, during the period of

this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge