IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7559 of 2009 CRIME NO.548 OF 2009 OF SULTHAN BATHERY POLICE STATION PETITIONER:: ACCUSED: ------------------------------- BABU, AGED 29 YEARS, S/O.SEDHUMADHAVAN, PUTHENPURA, KAZHAMBU, CHEERAI AMSOM, SULTHAN BATHERY. BY ADV. SRI.VARGHESE P.CHACKO RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, FOR AN ON BEHALF OF THE SULTHAN BATHERY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7559 OF 2009 ------------------------------------------------------ Dated this the 22nd day of December, 2009 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.548 of 2009 of Sulthan Bathery Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 306 and 304B of the Indian Penal Code. 3. The wife of the petitioner committed suicide on 26.11.2009. It is alleged that she committed suicide due to the cruelty meted out by her husband (petitioner). It is also alleged that her husband (petitioner) is an alcoholic and he used to physically and mentally harass her demanding more dowry. The petitioner was arrested on 28.11.2009. He was remanded to judicial custody on 29.11.2009. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary and the statement made by the doctor to the investigating officer. B.A. NO. 7559 OF 2009 :: 2 :: 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class -I, Sulthan Bathery, 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, 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 not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/