IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10772 of 2011() ------------------------------ CRIME NO.392/2011 OF KOOTHATTUKULAM POLICE STATION PETITIONER/ACCUSED: ---------------------------- BOBBY VARGHESE, VADAKKETHADATHIL HOUSE, MANNATHOORKARA, THIRUMARADI VILLAGE. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. 2. THE SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION-682 031. PUBLIC PROSECUTOR SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10772 of 2011 --------------------------- Dated this the 23rd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.392 of 2011 of Koothattukulam Police Station. 2. The offences alleged against the petitioner are under Sections 306 and 498A of the Indian Penal Code. 3. The wife of the petitioner committed suicide between 10 P.M. on 5.12.2011 and 8 A.M. on 6.12.2011 by hanging at the residence of the petitioner. It is alleged that she committed suicide as a result of the cruelty meted out by the petitioner towards her. 4. The learned counsel for the petitioner submitted that for the last about 5 years, the petitioner is working in Kuwait. For about 9 months, before his wife committed suicide, he had BA 10772/11 2 not come to India. The wife of the petitioner was residing with him in Kuwait. About three weeks before her death, she came to India. 5. The petitioner was arrested on 12.12.2011 and he was remanded to judicial custody. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7. 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 ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Muvattupuzha, subject to BA 10772/11 3 the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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; 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