Sabu John Vs. State of Kerala

indian penal code (ipc), 1860 - sections 302, 34, 504, 506; code of criminal procedure (crpc), 1973 - sections 394, 161. - punishment for murder -- the accused hari singh of village suthari was running a brick kiln on the outskirts of the village. subsequently, one randhir singh installed another brick kiln nearby. hari singh and his brothers, however, did not allow randhir singh to run his brick kiln effectively and ultimately randhir singh sold his brick kiln to gulab singh deceased some three months prior to the incident. sub-inspector hari raj singh, however, recorded the statements of the witnesses and after inspecting the site, prepared the site plan ex. ka.14. the prosecution in support of its case relied primarily on the evidence of pw1 prem pal, pw-5 kalu and pw-6 jagdish, pw-2 dr. m.k.goel, who had conducted the autopsy on the dead body, and of pw-7 sub-inspector hari raj singh, the main investigating officer. point "a" in the site plan is the place where the deceased gulab singh had been shot and killed. o r d e rv. ramkumar, j. .............................. b.a. no. 6703 of 2010 ......................................... dated: 26th day of october, 2010 o r d e r in this petition filed under sec. 438 cr.p.c. the petitioner who is the sole accused in crime no.441/2010 of koothattukulam police station for an offence punishable under section 498(a) i.p.c., seeks anticipatory bail. 2. i heard the learned counsel for the petitioner and the learned public prosecutor. 3. having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained and the other circumstances of the case, i am inclined to grant anticipatory bail to the petitioner. accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. the petitioner shall report before the investigating officer between 9 a.m. and 11 a.m. on all wednesdays. 2. the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigating officer. 3. the petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. the petitioner shall not commit any offence while on bail. 5. before the expiry of the aforesaid period of one month, the petitioner shall surrender before the magistrate concerned and seek regular bail. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. this application is allowed as above.