IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 Bail Appl..No. 3197 of 2008() ----------------------------- CRMP.568/2008 of DISTRICT COURT, KOTTAYAM .................... (CRIME NO.119 OF 2008 OF VAIKOM POLICE STATION) PETITIONER: --------------------- MADHAVAN, KOOMPEL HOUSE, CHEMPU P.O., VAIKOM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH RESPONDENT: ----------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss HARUN-UL-RASHID, J. ---------------------------------------------- Bail Application No. 3197 of 2008 ---------------------------------------------- Dated this the 19th day of May, 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused in Crime No.119/08 of Vaikom Police Station. Offences alleged against the petitioner and others are punishable under Sections 498A, 306 of IPC and Section 3(i)(x) of Schedule Caste/Schedule Tribe (Prevention of Atrocities Act). The other accused are the wife and children of the petitioner. All the accused moved for anticipatory bail before this Court and by order dated 11th April 2008, this Court granted anticipatory bail in B.A.No.2109/08. In paragraph 2 of Annexure II judgment in B.A.No.2109/08, this Court stated that “as against the third accused, there are satisfactory indications available to suggest culpability - of course not for the offence punishable under Section 3(i)(x) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities Act).” After allowing the petition in favour of the other three accused, this court directed the petitioner herein to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and seek regular bail. BA NO.3197/08 2 2. On going by the facts of the case, I find that the marriage between the first accused and Remya took place on 6.12.2007. It was a love marriage. While staying with the accused the bride attempted to commit suicide on 20.2.2008 by consuming the poisonous fruit and on the following date she was found dead. The crime was initially registered under Section 174 Cr.P.C. as a case of unnatural death. Subsequently, in the course of investigation the family members including the petitioner who is the father- in- law are implicated as accused. Allegations are raised alleging offences under Sections 498A, 306 of IPC and Section 3(i)(x) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities Act). 3. It is submitted at the Bar that the investigation of the case is almost completed. All the witnesses and accused were questioned. It is also submitted that the presence of the accused is not at all necessary for any other purpose in connection with the investigation. It is also submitted that he is aged 62 and he is ailing. I find no reason for not considering his case at par with the other accused. BA NO.3197/08 3 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Having regard to the nature of the allegations levelled against the petitioner and other circumstances of the case, I am satisfied that this is a fit case for grant of bail. The petitioner shall surrender before the learned Magistrate on 22.5.2008. Accordingly, a direction is issued to the Magistrate concerned to pass orders of bail and release the petitioner on bail on his executing a bond for Rs.15,000/- ( Rupees Fifteen Thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 10 a.m. and 1 p.m. on all Mondays. 2. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution. 4. Petitioner shall not commit any offence while on bail. BA NO.3197/08 4 If the petitioner commits breach of the above conditions, the bail granted to him shall be liable to be cancelled. The application is allowed as above. HARUN-UL-RASHID, JUDGE csl