IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 31ST DAY OF OCTOBER 2017/9TH KARTHIKA, 1939 Bail Appl..No. 7138 of 2017 ()

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CRIME NO. 842/2017 OF THRISSUR TOWN EAST POLICE STATION , TRISSUR DISTRICT ----------------------

PETITIONER/ACCUSED: -----------------------------------

MARIYAPPAN, AGED 39 YEARS, S/O. CHINNAYYA, WARD NO.4, NERTHERUVU, SREERAMAPURAM P.O, ATHOOR TALUK, OTTACHATHRAM P.S, DINDIGAL, TAMILNADU.

BY ADVS.SRI.B.RENJITHKUMAR SRI.K.T.SEBASTIAN RESPONDENT/COMPLAINANT.:

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

BY PUBLIC PROSECUTOR SRI. C.K. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sdr/-

P.UBAID, J.

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Dated this the 31st day of October, 2017 ORDER The petitioner herein is the sole accused in Crime No.842/2017 of the Thrissur Town East Police Station, registered under Section 302 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Thrissur, on 13.09.2017. The petitioner has been in judicial custody since

25.04.2017.

2. This crime relates to the murder of one Panchamoorthi @ Panchi aged 45 years. He was a migrant labourer in Kerala from Tamil Nadu, and the petitioner also is a migrant labourer. The alleged incident happened in connection with some dispute and quarrel between the deceased and the petitioner. The prosecution records show that the deceased attacked the petitioner with an iron rod, and inflicted injuries on his body and just then, the petitioner retorted, took a dagger, and inflicted a very serious injury on the chest of the deceased. This injury led to the death of Panchamoorthi. Of course, I do not think that the petitioner would get the benefit of private defence, because murder in such a circumstance will not justify self protection from the aggressive hands of the deceased. Any way, let the factual aspects be meticulously gone into. The petitioner has been in custody for more than six months. The court below rejected his request for bail, on the ground that there is possibility of the petitioner absconding, he being a native of Dindigal in Tamil Nadu. That alone cannot be a reason to deny bail to him. He can be granted bail on conditions, and such conditions are necessary to ensure his presence during trial. The case is now before the committal court and it will be soon committed to the Court of Session.

In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for ₹50,000/- (Rupees fifty thousand only)

each to the satisfaction of the court below having jurisdiction.

Bail is granted on condition that, a) one of the sureties shall be a relative of the petitioner, or otherwise having connection with the petitioner by family relationship or marriage, or business relationship, and he must have definite identity and solvency in Kerala.

b. The petitioner shall report before the Station House Officer, Thrissur East Police Station, between 10 a.m. and 11 a.m. on the 1st and the 16th day of every English month, till examination of the material witnesses is over.

c. The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.

d. The petitioner shall surrender his passport before the Court below within seven days from the date of release. If he does not have passport, he shall file an affidavit to that effect.

Sd/-

P.UBAID, JUDGE sd True Copy P.A to Judge