IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5948 of 2009() ----------------------------- CRIME NO.673/2009 OF KASARAGOD POLICE STATION .................... PETITIONER (SOLE ACCUSED) --------------------------------------------- SHAHARUDDEEN.N.A., S/O.LATE MUHAMMED, MUHAMMED COMPOUND, NEAR RICE MILL, ERIYAL, POST KUDLU, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.ANJU P.NAIR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 673/2009 OF KASARAGOD POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5948 of 2009 --------------------------------------------- Dated this the 16th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.673 of 2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 306 of the Indian Penal Code. 3. The date of occurrence was on 19.9.2009. The wife of the accused jumped into the well on that day. She was admitted in the hospital where she died on 21.9.2009. The petitioner was arrested on 26.9.2009 and he is in judicial custody since then. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.5948/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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. K.T.SANKARAN, JUDGE csl