IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3571 of 2008() ----------------------------- CRIME NO. 436/2008 OF KODUNGALLUR POLICE STATION PETITIONER --------------------------- MARIMUTHU, AGED 24 YEARS, S/O.VELIYAPPA THEVAR, THALAIVASAL VEEDU, PANAPADALIPATHRAM KARA, SANKARANKOVIL TALUK, THIRUNELVELI, TAMILNADU. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT: ------------- KERALA STATE REPRESENTED BY C.I. OF POLICE, MALA, REP. BY PUBLIC PROSECUTOR, THRISSUR. BY PUBLIC PROSECUTOR SRI SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3571 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 302 and 304B IPC. 3. According to the prosecution, the petitioner harassed his wife making unlawful demand for dowry and she committed suicide on 21-4- 2008 by hanging. She also committed murder of six months' old daughter. 4. The learned counsel for the petitioner submitted that offence under section 302 IPC will not be attracted against the petitioner. It is submitted that on 25-4-2008 the petitioner surrendered before the learned Magistrate and he was remanded to judicial custody. The petitioner was interrogated by the police. In the above circumstances, the further detention of the petitioner may not be required for the purpose of investigation in this case, it is submitted. 5. The learned Public Prosecutor submitted that this is an unfortunate case where the deceased was forced to murder her own child and committed suicide by hanging because of the cruelty of her husband. However, the detention of the petitioner may not be required for BA 3571/08 -2- investigation, he has no objection in granting bail to the petitioner on stringent conditions. 6. Hence, the petitioner is granted bail on the following terms and conditions: - 1) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the trial court. 2)The petitioner shall report before the Investigating Officer on alternate days between 10 a.m. and 1 p.m. until further orders. 3) The petitioner shall not leave the limits of the police station, within which the crime is registered except with the prior permission of the learned Magistrate. 4) The petitioner shall not intimidate or influence any witness while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.