IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 945 of 2010() ---------------------------- CRIME NO.505/2009 OF PERAMBRA POLICE STATION .................... PETITIONER : ACCUSED ------------------------------------ RAMAKRISHNAN, AGED 42 YEARS S/O.KUNHIKANNAN NAIR, VILAKKOLA HOUSE, ERAVATOOR PO,PERAMBRA, KOYILANDY TALUK,CALICUT. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY SHO, PERAMBRA POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.945 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.505 of 2009 of Perambra Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The petitioner is a dentist by profession. His wife Bindu, a young lady lawyer of Perambra Bar, is alleged to have committed suicide on 11.11.2009. According to the petitioner, she consumed 'ASPA 80', a product of Amway. According to the mother of the deceased and office bearers of the Perambra Bar Association, 'ASPA 80' is an organic solution intended for high yield in plants and trees and consumption of the same would not cause death of a person. 4. The petitioner had moved Bail Application No.7169 of 2009 before this Court for anticipatory bail. That Bail Application was dismissed by the order dated 11th December, 2009. Thereafter, the petitioner was arrested on 13.12.2009. BA No.945/2010 2 According to the petitioner, he surrendered before police on 13.12.2009. The petitioner is in judicial custody since then. 5. The learned Public Prosecutor submitted that originally, the case was being investigated by C.I. Of Police, Perambra and now the investigation is taken over by Assistant Superintendent of Police, Vadakara. The investigation is in progress. 6. 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, the present stage of investigation and the fact that the petitioner is in judicial custody since 13.12.2009, 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Perambra, subject to 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; BA No.945/2010 3 c) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-I, Perambra within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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