IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1853 of 2008() ----------------------------- CMP.1085/2008 of J.M.F.C.,VADAKKANCHERRY CRIME NO.89/08 OF WADAKKANCHERY POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ 1. VINAYAKUMAR @ VINU, S/O.VASUDEVAN, KUNNEL HOUSE, MALAKKA DESOM, MANALITHARA, THALAPPILLY TALUK. 2. VASUDEVAN, S/O. CHELLAPPAN, KUNNEL HOUSE, MALAKKA DESOM, MANALITHARA, THALAPPILLY TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1853 of 2008 ------------------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for regular bail. The petitioners are the husband of the deceased wife and his father. They face allegations in a crime registered for offences punishable under Secs.498A and 304B of the IPC. The marriage between the spouses took place on 15/4/01. Within a period of 7 years during which period the presumption of culpability is available, the wife committed suicide on 5/2/08 along with her two children of tender years. The wife was allegedly subjected to physical and mental cruelty of the culpable variety by the petitioners. Persistant demands were made for dowry. The unfortunate parents of the deceased had some how attempted to satisfy the greed of the petitioners by making payments on a number of occasions – at the time of marriage and thereafter at B.A. No. 1853 of 2008 -: 2 :- the time of birth of the two children. All these did not satisfy the petitioners and the hapless woman was ultimately compelled to leave this world along with the two children by jumping into the well. 2. The Case Diary has been placed before me by the learned Public Prosecutor for my perusal. I have perused the same. The statements of the witnesses, including a student related to the petitioners, who was residing in the same house, have been gone through by me in detail. I am satisfied that there is merit in the opposition by the learned Public Prosecutor. The gravity of the crime is certainly a relevant input while considering the invocation of the discretion under Sec.439 of the Cr.P.C. I am not persuaded to agree that this is a fit case - notwithstanding the fact that the petitioners have remained in custody from 6/2/08, for this Court to invoke such discretion under Sec.439 of the Cr.P.C. 3. This bail application is, in these circumstances, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 9/4/08. The B.A. No. 1853 of 2008 -: 3 :- Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge