IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7743 of 2009 CRIME NO.777 OF 2009 OF MANNARKKAD POLICE STATION, PALAKKAD APPLICANTS: ACCUSED NOS.1 AND 4: ------------------------------ 1. ASKAR ALIKHAN,AGED 29 YEARS S/O.LIYAKATH ALIKHAN ALIAS SADHA HAJI PALAKKAL HOUSE, KALLADIKODE POST MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. ANWAR ALIKHAN, AGED 30 YEARS S/O.LIYAKATH ALIKHAN ALIAS SADHA HAJI PALAKKAL HOUSE, KALLADIKODE POST MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE C.I. OF POLICE MANNARKKAD POLICE STATION. ADDL. R2 IMPLEADED: MOHAMMEDALI HAJU, S/O.BAPPU HAJI, KALATHIL VEEDU, NEAR MELATOOR RAILWAY GATE, MELATTOOR, MALAPPURAM. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08/01/2010 IN CRL.M.A.NO.59 OF 2010. R1 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND ADDL.R2 BY ADV. SRI.MANSOOR.B.H. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7743 OF 2009 ------------------------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 4 in Crime No.777 of 2009 of Mannarkkad Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 304B and 306 read with Section 34 of the Indian Penal Code. 3. The first petitioner married Femina on 22.7.2007 and a child was born in that wedlock. Femina committed suicide on 17.11.2009. The postmortem certificate would indicate that there are 24 antemortem injuries on the body of the deceased. According to the accused, these injuries could be caused due to struggling during the course of hanging. 4. Learned Public Prosecutor disputed this and it is submitted B.A. NO. 7743 OF 2009 :: 2 :: that the nature of the injuries would clearly show that these injuries were not self inflicted injuries. The first accused is the husband of the deceased. The fourth accused is the brother of the first accused. The first accused was arrested on 1.12.2009 and the fourth accused was arrested on 6.12.2009. They are in judicial custody. 5. Heard the learned counsel for the petitioners, learned Public Prosecutor and Sri.Manzoor, learned counsel appearing for the de facto complainant. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mannarkkad, subject to the following conditions: B.A. NO. 7743 OF 2009 :: 3 :: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter into the limits of Mannarkkad Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioners shall surrender their passports, if any, before the Judicial Magistrate of the First Class, Mannarkkad. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect shall be filed by him before the learned Magistrate; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/