IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2688 of 2009 CRIME NO.99/2009 OF NEYYARDAM POLICE STATION CMP.1221/2009 of J.M.F.C.,KATTAKADA PETITIONERS: ACCUSED 1 & 2: ---------------------------------- 1. THANKACHAN, S/O.DASAYYAN, THADATHARIKATHU PUTHEN VEEDU, KANDAMTHITTA, VAZHICHAL DESOM, VAZHICHAL VILLAGE. 2. PHILOMINA, D/O.ANNAMMA, THADATHARIKATHU PUTHEN VEEDU, KANDAMTHITTA, VAZHICHAL DESOM, VAZHICHAL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2688 OF 2009 ------------------------------------------------------ Dated this the 22th May, 2009 O R D E R 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.99 of 2009 of the Neyyardam Police Station. 2. The offence alleged against the petitioners is under Sections 498A, 304B and 34 of the Indian Penal Code. 3. Ajitha, the wife of the first accused and the daughter in law of the second accused (petitioners 1 and 2), committed suicide on 26.4.2009. The prosecution case is that Ajitha was subjected to cruelty with a view to coerce her to bring more dowry and she committed suicide due to the harassment. Learned Public Prosecutor submitted that the investigation is not over. The petitioners were arrested on 29.4.2009 and they are in judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. NO. 2688 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) The petitioners shall not enter into the limits of the Neyyardam Police Station until the final report is filed, except for complying with condition (a) above; and B.A. NO. 2688 OF 2009 :: 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. (K.T.SANKARAN) Judge ahz/