IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5813 of 2011() ---------------------------- CRIME NO.358/2011 OF ALATHUR POLICE STATION, PALAKKAD ................ APPLICANTS / ACCUSED NOS. 1 & 2 : ----------------------------------------------------- 1. UNNIKRISHANAN S/O.GOPALAN, KUNDUTHODY VEEDU, PADUR, KAVASSERRY, PALAKKAD DISTRICT 2. KARNNAKI, AGED 55 YEARS, W/O.GOPALAN, KUNDUTHODY VEEDU, PADUR, KAVASSERRY, PALAKKAD DISTRICT BY ADV. SRI. JOHNSON VARIKKAPPALLIL RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING BY THE S.I.OF POLICE, ALATHUR POLICE STATION BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5813 of 2011 ---------------------------------------------- Dated this the 22nd day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.358 of 2011 of Alathur Police Station. 2. The offence alleged against the petitioners is under Section 304-B read with Section 34 of the Indian Penal Code. 3. The wife of the first accused consumed the leaves of a poisonous plant on 23/06/2011 for the purpose of committing suicide and she died on 24/06/2011. It is alleged that she consumed the leaves of a poisonous plant on account of the cruelty meted out to her demanding dowry. It is submitted that the second accused was arrested on 12/07/2011 and the first accused surrendered before court on 13/07/2011. Both of them are in judicial custody. 4. Taking into account the fact that the second petitioner/second accused is a woman and also taking note of her age, I am inclined to grant bail to her. However, in the Bail Appln.No.5813/2011 : 2 : nature of the offence alleged and the facts and circumstances, I am not inclined to grant bail to the first accused at this stage. 5. The second petitioner/second accused shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, subject to the following conditions: A) The second petitioner/second accused shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The second petitioner/second accused shall appear before the investigating officer for interrogation as and when required; C) The second petitioner/second accused shall not try to influence the prosecution witnesses or tamper with the evidence. D) The second petitioner/second accused shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5813/2011 : 3 : E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above in so far as it relates to the second petitioner/second accused. The Bail Application, in so far as it relates to the first petitioner/first accused, is dismissed. K.T.SANKARAN, JUDGE skj