IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5703 of 2011 CRMP.607/2011 OF J.M.F.C.-I, ALUVA CRIME NO.973 OF 2011 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT APPLICANT /ACCUSED -------------------------------------- SHAJI,AGED 33 YEARS,S/O.GOPALAN, KATTANCHERRY HOUSE, IRUMPUPALAM,ADIMALY, RESIDING AT RENTED HOUSE OF GEORGE, PANACHIKKAL HOUSE,PULLUVAZHY, RAYAMANGALAM VILLAGE, PERUMBAVOOR. BY ADV. SRI.P.THOMAS GEEVERGHESE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, ALUVA POLICE STATION (RURAL) ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5703 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.973 of 2011 of Aluva Police Station. 2. The offences alleged against the petitioner are under Sections 306 and 498-A of the Indian Penal Code. 3. On 02/04/2011 the wife of the accused committed suicide by consuming poison. The prosecution case is that she committed suicide on account of the matrimonial cruelty and on the threat made by the accused that he would marry another woman. It is alleged that the deceased went to Aluva Railway Station along with her children and she compelled her children also to take poison mixed with fruit juice. Since the children refused to take, she consumed the poison and travelled in a K.S.R.T.C bus to Perumbavoor. She vomited and fainted while travelling in the K.S.R.T.C. bus and she was taken to the Government Hospital, Perumbavoor where she died. The petitioner was arrested on 24/05/2011 and he was Bail Appln.No.5703/2011 : 2 : remanded to judicial custody. The investigation has progressed much. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Aluva, 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 and Thursdays, 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. Bail Appln.No.5703/2011 : 3 : 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 skj