ORDER : G.R UDHWANI, J. 1. Heard learned advocate for the applicant and learned APP for the respondent-State. 2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Section 302 of the Indian Penal Code and under Section 135 of the Gujarat Police Act for which FIR came to be registered at C.R No I-82 of 2017 with Kadi Police Station. 3. Learned Counsel for the petitioner has pointed out the manner in which the alleged incident had happened. Attention of this Court was drawn to the fact that deceased is the father of the applicant and complaint has been given by mother of the applicant. Learned Counsel drew attention of this Court to the allegation in the complaint that on 11/04/2017 the deceased, who was a habitual drunkard was using abusive language which provoked the applicant who picked up a wooden-log and hit it on the head of the deceased, who was initially taken to the local hospital and after first aid he was shifted to the civil hospital where after four days of the incident, on 15/04/2017, the deceased succumbed to the injuries. 4. The bail application is opposed by the learned APP with the submission that with full knowledge and intention, the offence punishable under Section 302 of the IPC was committed by the petitioner. 5. Having considered the rival contentions and without entering into detailed reasonings for this order as the parties do not invite the same, in the opinion of this Court, the case for admitting the petitioner for bail is made out. 6. Hence, this application is allowed and applicant is ordered to be released on bail in connection with C.R No. I-82 of 2017 with Kadi Police Station on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender his passport, if any, to the lower court within a week; (d) not leave the territory of India without prior permission of the Sessions Judge concerned; (e) mark presence in the concerned police station once in a calendar month.
(f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 7. The competent authority will release the applicants only if he is not required in connection with any other offence for the time being. 8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 9. Bail bond to be executed before the lower court having jurisdiction to try the case. 10. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 11. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail. 12. Rule made absolute to the aforesaid extent. Direct service is permitted.