IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9565 of 2011() ----------------------------- CRIME NO.1213/2011 OF KAYAMKULAM POLICE STATION PETITIONER/1ST ACCUSED -------------------------------- SREEKUMAR, S/O.CHANDRASEKHARAN NAIR, CHANDRBHAVANAM VEEDU, KAPPIL MEKKUM MURI, KRISHNAPURAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM-690 502. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9565 of 2011 --------------------------- Dated this the 25th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1213 of 2011 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The marriage between the petitioner and the deceased took place on 4.9.1997. On 19.10.2011, the wife of the petitioner committed suicide by hanging. The allegation is that she committed suicide on account of the harassment meted out towards her demanding dowry. It is also alleged that the petitioner had illicit connection with two women, that money was due to one of them and the deceased was being harassed by the petitioner demanding money in order to pay the same to that woman. There are several other allegations also. BA 9565/11 2 4. The petitioner was arrested on 29.10.2011. The petitioner filed B.A.No.9240 of 2011 for regular bail, which was dismissed by the order dated 15th November, 2011. On 17th November, 2011, the present Bail Application is filed. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 6. I am not inclined to grant bail to the petitioner as on today. However, taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner with effect from 8.12.2011. The petitioner shall be released on bail only on 8.12.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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 all Mondays, till the final report is filed or until further orders; BA 9565/11 3 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