IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6317 of 2009() --------------------------------------- CRIME NO.1378/2009 OF PALLURUTHY POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED: --------------------------------------- 1. RAVIKUMAR, AGED 37 YEARS,S/O.SAHADEVAN,DOOR NO.1280, PANDANDYALA NAGAR,VIRADH NAGAR, TAMIL NADU DISTRICT. 2. VALAMATHY,W/O.SAHADEVAN, DOOR NO.1280,PANDANDYALA NAGAR,VIRADH NAGAR, TAMIL NADU DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: -------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (CRIME NO.1378 OF 2009 OF PALLURUTHY POLICE STATION) SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6317 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.1378/2009 of Palluruthy Police Station, Ernakulam. 2. The offence alleged against the petitioners is under Section 498 A read with Section 34 of the Indian Penal Code. 3. The petitioners are the husband and mother-in-law of the de facto complainant. The petitioners were arrested on 6/10/2009 and they were remanded to judicial custody. 4. The application submitted by the petitioners for bail was dismissed by the learned Magistrate as well as by the learned Sessions Judge. The reasons stated for dismissing the Bail Application was that the petitioners belong to Tamil Nadu and there is every likelihood that they may leave the State and that it would be impossible to procure their presence at the time of trial. The learned counsel for the petitioners submitted that the petitioners are prepared to abide by any conditions B.A. No. 6317 / 2009 2 that may be imposed and that they are prepared to furnish security of local sureties. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties, who own immovable properties in Ernakulam district, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kochi subject to the following conditions:- A) The the first petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The first petitioner shall not leave the State of Kerala without prior intimation in writing to the investigating officer. D) The petitioners shall not commit any B.A. No. 6317 / 2009 3 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 sureties shall produce the title deeds in respect of their immovable properties for perusal by the learned Magistrate. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm