IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 6033 of 2010() ----------------------------- CRIME No.511/2010 of KATTAKADA POLICE STATION -------------------------- PETITIONER/1ST ACCUSED :- ------------------------------------------ SUGATHAN, S/O.KARUNAKARA PANICKER, SUGANTHI DARSANAM VEEDU, CHOONDUPALAKA, KATTAKADA, THOTTAMBRAMURI, VEERANAKAVU VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.G.THAMPI, SENIOR ADVOCATE SRI.G.PRIYADARSAN THAMPI RESPONDENT(S)/COMPLAINANT :- ----------------------------------------------- THE SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION, THIRUVANANTHAPRUAM, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.6033 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED: 1st day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.511/2010 Kattakada Police Station for offences punishable under Secs. 302, 498(A) and 306 I.P.C., seeks his enlargement on bail. Petitioner was arrested on 27.8.2010. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the petitioner, who hails from Trivandrum had a love affair with one Susan of Kollam and thereafter he went to Denmark from where he married one Henna in whom he has a child at Denmark and thereafter he married Deepa, the deceased, who committed suicide after killing her child on coming to know all the previous ventures of the petitioner. 3. Considering the fact that the surviving offences are only those punishable under Sections 306 and 498(A) and the earlier applications for bail were dismissed and the petitioner has been in custody since 27.8.2010, I am of the view that the Bail Application No.6033 of 2010 2 petitioner can be released on bail with effect from a future date and subject to stringent conditions. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 14.10.2010 on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Dy.S.P, Nedumangad between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall at the time of executing the bail bond surrender his passport before the J.F.C.M, Kattakada or file an affidavit if he is not a holder or possessor of a passport. 3. The petitioner shall not go beyond the limits of Trivandrum District until further orders to be passed either by the committal Court or by the Sessions Court as the case may be. Bail Application No.6033 of 2010 3 4. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb