IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1770 of 2010() ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1029/2010 Dated 23/02/2010 CRIME NO.147/2009 OF BEDAKAM POLICE STATION, KASARAGOD. ........ ............ PETITIONER/ACCUSED: -------------------------------------- P.NARAYANAN, AGED 46 YEARS,S/O.KUNHAMBU,SOUPARNIKA, KOLAM, KARIVEDAKAM GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, BEDAKAM POLICE STATION (CRIME NO.147/2009) KASARAGOD DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1770 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 147/2009 of Bedakam Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 306 and 498-A of the Indian Penal Code. 3. The prosecution case is that on 18.02.2008, the petitioner married Nalini and she committed suicide by consuming poison on 24.11.2009 as a result of the harassment, mental and physical, meted out by the petitioner towards her. 4. The prosecution alleges the following facts: The petitioner had married one Thankamani in the year 1992. Alleging that the petitioner meted out cruelty to Thankamani, she started residing separately with her daughter. Thereafter, the petitioner married one Baby in the year 1997. Two children were born in that wedlock. At that time, coming to know of the relationship between the petitioner and Baby, Thankamani filed a petition before the police. It would appear B.A. No.1770 /2010 2 that the petitioner divorced Baby and thereafter, he started living with Thankamani. A child was born thereafter to Thankamani in the relationship between the petitioner and Thankamani. It is alleged that the petitioner started harassing Thankamani again. On her petition, Bedakam police registered Crime No. 67/2007 against the petitioner under Section 498 A of the Indian Penal Code. Another case was also registered against the petitioner by Bedakam Police as Crime No.127/2007, on a petition filed by the brother of Thankamani. The offences alleged against the petitioner in Crime No. 127/2007 are under Sections 341 and 324 of the Indian Penal Code. 5. It is alleged that thereafter, the petitioner started residing with Nalini. On 18.02.2008, he married Nalini in a temple. Thankamani, on coming to know of this relationship between the petitioner and Nalini, appears to have created a scene. Thereafter, the petitioner settled Crime Nos. 67/2007 and 127/2007 with Thankamani and her brother. It is also stated that on a petition filed by Thankamani, she was granted divorce by the Family Court. 6. It is alleged that the petitioner caused physical and B.A. No.1770 /2010 3 mental harassment to Nalini also. The harassment was so unbearable that she committed suicide on 24.11.2009. 7. The petitioner was arrested on 02.02.2010 and he was remanded to judicial custody. 8. The petitioner filed B.A. No.1029 of 2010, which was dismissed by the order dated 23/2/2010. The investigation has progressed much thereafter. 9. 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 on stringent conditions. 10. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like 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 and Thursdays for a period of two months and thereafter on Mondays, till the final report is filed or until further orders. B.A. No.1770 /2010 4 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-I, Kasaragod within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 scm