IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3671 of 2011 -------------------------------------- [CRL.M.C. NO.286/2011 OF THE DISTRICT AND SESSIONS COURT, ERNAKULAM, CRIME NO.176/2011 OF NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT] ......... PETITIONERS/ACCUSED 1 & 4: -------------------------------------------- 1. JOMON, S/O. JOSEPH, AGED 32 YEARS, PALLITHARA HOUSE, MALIPPURAM KARA, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK. 2. JOSEPH, AGED 62 YEARS, S/O. CHANDY, KIRIYANTHAN HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK. BY ADV. SRI.THOMAS KACHAPPILLY. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, NJARAKKAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. MEERA.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K.BALAKRISHNAN, J. --------------------------- B.A.No.3671 OF 2011 -------------------------- Dated this the 17th day of May, 2011 O R D E R Petitioners are the 1st and 4th accused respectively in Crime No.176/2011 of Njarakkal Police Station for offences punishable under Section 304 B read with Section 34 IPC. Petitioners were arrested on 24/02/2011. Their bail applications were dismissed by the trial Court. 2. The material allegations are that the petitioners, who are respectively the husband and father-in-law of the deceased victim, Ms.Shincia, along with other accused brutally man handled Ms. Shincia, demanding or for getting more dowry. Finally the said Shincia committed suicide. 3. Petitioners seek regular bail. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. B.A.No. 3671/2011 2 5. Since 24/02/2011 they have been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that they will abide by any condition that may be imposed on them, the accused are granted bail subject to the following conditions: i. The accused shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM concerned. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM and 11.30 AM until further orders. B.A.No. 3671/2011 3 iii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the JFCM Court concerned without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioners will furnish the correct residential B.A.No. 3671/2011 4 address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. This Bail Application is allowed as above. N.K.BALAKRISHNAN (JUDGE) jg