IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 3415 of 2010() ------------------------------------- (IN CRIME No.242/10, OF BALULSSERI POLICE STATION, KOZHIKODE RURAL POLICE DISTRICT) PETITIONER(S): ACCUSED IN CUSTODY ------------------------------------------------------ TINTU KARUN, S/O.KARUNAN, AGED 24 YEARS, VAZHAPARAMBATH VEEDU, PILASSERY P.O., KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.C.VALSALAN RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-3. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3415 of 2010 ------------------------------------ Dated this the 10th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 306 of the Indian Penal Code. According to prosecution, a young couple committed suicide on the allegation that petitioner abetted suicide. Petitioner had taken some photographs of the deceased Shijina in his mobile phone and he was blackmailing by showing the photographs. Putting them under threat of publication, extracted Rs. 1,00,000/- from deceased. When torture became intolerable, couple committed suicide. Deceased Riyesh Kumar wrote suicide note before suicide. 3. Petitioner is in custody for the past 60 days. The investigation is not over and charge is not laid in the above circumstances. Petitioner is entitled to get bail under Section 167(2) of the Code of Criminal Procedure as conceded by learned Public Prosecutor. 4. On hearing both sides, learned Public Prosecutor pointed out that petitioner is entitled to get bail in view of Section B.A. No. 3415 of 2010 2 167(2) of the Code of Criminal Procedure, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1, until further orders. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln B.A. No. 3415 of 2010 3