IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3820 of 2010() ----------------------------- CRIME NO.98/2006 OF CHAVARA THEKKUMBHAGAM POLICE STATION KOLLAM. (S): 1ST ACCUSED ------------------------------- KABEER, S/O.ALIYAR, IMANAKUR VEEDU, KAITHAKKATTU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH THE SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM). PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 1 K.HEMA, J. ---------------------------------------------- Bail Application No.3820 of 2010 ---------------------------------------------- Dated 2nd July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 420, 306 and Section 34 of the Indian Penal Code. According to prosecution, one Sunil Antony, his wife and two children committed suicide on 3.2.2006, leaving a suicide note written by Sunil Antony. According to prosecution, petitioner abetted commission of suicide. 3. Learned counsel for petitioner submitted that petitioner was arrested on 25.5.2010 and he is in custody for the past 38 days. As per the remand report, the allegation is that various persons, who were cheated in visa transaction, harassed the deceased and he died because of such torture. There is no case that petitioner, at any time, harassed the deceased. The allegation is that huge amount of money was collected by deceased Sunil Antony from various persons, promising to 2 arrange visa and the money and documents were handed over to one James and Mohammed Shaji. But visa was not arranged by them and they cheated the deceased. 4. No whisper is made about petitioner in the suicide note. Mohammed Shaji's details are given in the suicide note itself. The entire details regarding phone number, number of the motor cycle etc. are given therein, but none of the details tally with those of the petitioner. Petitioner is implicated without any basis. Petitioner's name is not Mohammed Shaji, as evidenced by various documents produced as Annexure A6 to A9. Even if the entire allegations are admitted, offence under Section 306 of the Indian Penal Code will not be attracted against the petitioner in this case, it is submitted. 5. Learned Public Prosecutor submitted that as per the case diary, Mohammed Shaji and petitioner are same persons. The offence under Section 302 was included and the allegation is against deceased Sunil Antony that he had given poison to the other deceased, but in the remand report, it is stated that offence under Section 302 abated. The investigation is almost over. Hence, he has no objection in granting bail to petitioner. 3 6. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs