IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1308 of 2008(K) ------------------------------ CRIME NO. 328/07 OF MELATTOOR POLICE STATION .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- KUTTIALI, S/O.KUNHALI, THEKKAN HOUSE, KARIAVATTOM, PATTIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1308 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2008 O R D E R Application for regular bail. Petitioner is the first accused. Altogether there are two accused persons. The second accused is the wife of the petitioner. She has already been granted anticipatory bail by the Sessions Court, it is submitted. The crux of the allegations against the petitioner is that he committed rape on the deceased. He allegedly tormented her thereafter leading eventually to commission of suicide by the deceased on 16.12.2007. Crime under the caption 'unnatural death' under Section 174 Cr.P.C. was registered on 17.12.2008. Investigation is in progress. When the husband of the deceased, who is employed abroad, returned to India he found certain suicide notes left behind by the deceased. It was then that those suicide notes were read and that it daunted upon every one that the cause of death of the deceased is the commission of rape and the B.A.No. 1308 of 2008 2 consequent abetment to commit suicide by the petitioner. He was arrested on 6.1.2008 and he continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The allegations are raised belatedly without any reasonable cause. The petitioner contends that the suicide note may not be written by the deceased and may be pressed into service belatedly with vexatious intent. The petitioner, who has remained in custody from 6.1.2008, may now be enlarged on bail, it is prayed. 3. The learned Prosecutor does not oppose the application but prays that the Investigators may be given some further time to complete the investigation. The learned Prosecutor has placed before me the suicide note allegedly left behind by the deceased. He submits that the verification of the handwriting in the course of investigation can certainly bring out the truth. Investigation is not complete. Hence some further time may be given to the Investigators to the complete the investigation. B.A.No. 1308 of 2008 3 3. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted regular bail, subject to appropriate terms and conditions. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 12.3.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No. 1308 of 2008 4 (d) The petitioner shall not enter the jurisdiction of Melattur Police Station for a period of two months, except for the purpose of complying with condition © above. (R. BASANT) Judge tm