IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2339 of 2009 ----------------------------- CMP.640/2009 of J.M.F.C.,KASARAGOD CRIME NO. 230/2009 OF THE KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- K.S.SREEJITH,S/O.LATE SHASHIDHARAN, AGED 25/09, SREENILAYAM,PANNIPPARA,MUTTATHODI, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No. 2339 of 2009 --------------------------------------------- Dated this the 8th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in Crime No.230/09 of Kasaragod Police Station. The said crime has been registered alleging commission of offence punishable under Section 306 of the Indian Penal Code, in connection with the suicide committed by one Smt.Manjula, the daughter of the defacto complainant, on 1.4.2009. The petitioner was arrested in connection with the case on 3.4.2009 and since then he has been in judicial custody. His application for bail, moved before the J.F.C.M.-I, Kasaragod was dismissed as per Annexure A1. According to the petitioner, it is a falsely foisted case against him and he has absolutely no connection with the alleged crime. 3. I have heard the learned counsel for the petitioner and also the learned Public Prosecutor. 4. In connection with the above said crime, the petitioner was taken into custody and has been under judicial custody since 3.4.2009. B.A.NO.2239/2009 2 5. The case of the prosecution is that the deceased has committed suicide on account of the disturbance caused by the petitioner/accused continuously over telephone. However, considering the fact that the petitioner has been under judicial custody since 3.4.2009 and the investigation is yet to be completed, I think the petitioner can be enlarged on bail with stringent conditions, without causing prejudice to the prospects of the investigation. 6. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M.-I, Kasaragod. (ii) The petitioner shall report before the Investigating Officer once in a week, viz, on all Saturdays. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn