IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 154 of 2010 CRIME NO.83 OF 2007 OF ELATHUR POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- P.SASIKUMAR, AGED 37 YEARS, S/O.RAJAGOPALAN NAIR, MARKETTING REPRESENTATIVE, THENGARAKANDY, THAZHAM HOUSE, P.O.EDAKKAD, KUNDUPARAMBA, KOZHIKODE. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, ELATHUR POLICE STATION, KOZHIKODE. (CRIME NO.83 OF 2007 OF ELATHUR POLICE STATION, KOZHIKODE). PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 154 OF 2010 ------------------------------------------------------ Dated this the 15th day of January, 2010 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.83 of 2007 of Elathur Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. The date of occurrence was on 3.5.2007. The wife of the petitioner was found dead on that day. The case was registered as a case of unnatural death. Later, on 7.5.2007, the offence under Section 302 was incorporated. Even then the petitioner was not made as an accused. It was found that there were 56 ante-mortem injuries. The postmortem examination revealed that the deceased died due to cerebral hemorrhage. Later, the offence was converted into Section 304 of the Indian Penal Code. The petitioner was arrested on 28.12.2009 and he was remanded to judicial custody. B.A. NO. 154 OF 2010 :: 2 :: 4. 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 on stringent conditions. 5. 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, Koyilandy, 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 and Thursdays, 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 surrender his passport before the Court of the Judicial Magistrate of the First Class, Koyilandy within one week. If the petitioner does not hold an Indian Passport, he shall file an affidavit to that effect within one week before the learned Magistrate; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 154 OF 2010 :: 3 :: 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 ahz/