IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3075 of 2009() ----------------------------- CRIME NO.108/09 OF KINDANGOOR POLICE STATION PETITIONER : ACCUSED ------------------------------ TOMY JOSEPH, MYLADIYIL HOUSE, (MYALIL), MARIDAM KARA, KIDANGOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): --------------- DEPUTY SUPERINTENDENT OF POLICE, PALA POLICE STATION, KOTTAYAM DIST., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3075 of 2009 --------------------------------- Dated this the 11th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.108 of 2009 of Kidangoor Police Station. 2. The offence alleged against the petitioner is under Section 304B of the Indian Penal Code. 3. The prosecution case is that the wife of the petitioner committed suicide on account of the cruelty and harassment meted against her by the petitioner. The learned Magistrate had recorded the dying declaration of the victim. A copy of the declaration was made available by the learned public prosecutor. 4. I have carefully gone through the case diary and the dying declaration. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like BA No. 3075 /2009 2 amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 1 P.M. on all Sundays, 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl BA No. 3075 /2009 3 BA No. 3075 /2009 4 K.T.SANKARAN, JUDGE csl