IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6963 of 2008() ----------------------------- CRIME NO.528/2008 OF NEDUMANGAD POLICE STATION .................... APPLICANT/ IST ACCUSED ------------------------------------------ BIJU, S/O.MANIYAN, B.V.HOUSE, PERUMALA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6963 of 2008 --------------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 304(B) and 34 IPC. According to prosecution, petitioner is the husband of the deceased and he used to harass her on demand of dowry and on 3.7.2008, she committed suicide by consuming poison. 3. Learned counsel for petitioner submitted that a crime was registered under Section 174 Crl.P.C. on the First Information Statement lodged by the father of the victim. In the said statement, no allegation of demand of dowry was made and hence, petitioner may be granted bail, since the present story is a subsequent development, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that in the First Information Statement, a reference is made that the husband of the victim used to demand Rs.35,000/-, which was due from the victim's family. On investigation, it is revealed that Rs.85,000/- was agreed to be paid at the time of marriage and only Rs.50,000/- was paid and the balance, BA No.6963/2008 2 petitioner was insisting to pay and on account of this, the victim was harassed. Consequent to this cruelty, she committed suicide by consuming poison. Learned public prosecutor submitted that it is not a fit case to grant bail at this stage since investigation is going on. 5. On hearing both sides, I find that if petitioner is granted bail at this stage, it is likely that investigation will be adversely affected since the evidence will be tampered with and the witnesses may be intimidated or influenced. Hence, it is not fit to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE csl