IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1144 of 2010() ----------------------------- CRIME NO.131/2010 OF EZHUKONE POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SAJEENDRAN, AGED 23 YEARS, S/O.SURENDRAN, SAJI BHAVANAM, IRUMPANANGADU MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1144 of 2010 --------------------------------------------- Dated this the 9th day of March, 2010 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.131 of 2010 of Ezhukone Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The first accused is the husband of the victim who committed suicide on 6.2.2010 at 8.20 A.M. The petitioner was arrested on 8.2.2010 and he was remanded to judicial custody. 4. The marriage between the petitioner and the victim took place on 2.8.2009. The petitioner and the deceased were in love with each other. They had eloped. Subsequently, their marriage was solemnised by the parents of both parties. The deceased was staying in the house of the first accused, where, apart from them, the mother of the first accused was also there. On the date of the incident, the second accused was not there in that house. BA No. 1144/2010 2 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also gone through the case diary. 6. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; BA No. 1144/2010 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 csl