IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4782 of 2009() -------------------------------------- CRIME NO.181/2009 OF MATTANNUR POLICE STATION, KANNUR PETITIONER/ACCUSED: ------------------------------ DEEPESH V.K. S/O.LAKSHMANAN,AGED 26 YEARS, VARUKUNNUMMAL HOUSE, KOLLERIKARA, PAZHASSI AMSOM, MATTANNUR DESOM, MATTANNUR PO BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE MATTANNUR POLICE STATION. 2. STATE REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON27/08/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4782 of 2009 ------------------------------------ Dated this the 27th day of August, 2009 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.181/2009 of Mattannur Police Station. 2. The offence alleged against the petitioner is under Section 306 of the Indian Penal Code. 3. The prosecution case is that on 15/05/2009, one Shyma committed suicide. The allegation is that the petitioner was in love with her and later he withdrew his promise to marry her. Though the petitioner moved an application for anticipatory bail, that application was dismissed by this Court. Later the petitioner surrendered before the court on 7/08/2009 and he was remanded to judicial custody. 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. B.A. No.4782/ 2009 2 5. 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, Mattannur 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 scm