IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7260 of 2009() ---------------------------------- CRMP.3163/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 759/2009 OF SASTHAMCOTTA POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------- SURENDRAN PILLAI, AGED 35 YEARS, SANJAY NIVAS, MANAPUZHA MURI, MANAMPUZHA P.O., KUNNATHOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7260 of 2009 ------------------------------------ Dated this the 17th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.759/2009 of Sasthamcotta Police Station. 2. The offences alleged against the petitioner are under Sections 498 A and 306 of the Indian Penal Code. 3. The prosecution case is that on 31.10.2009, the wife of the petitioner committed suicide. The allegation is that the petitioner is an alcoholic and he used to torture the deceased, mentally and physically, which had driven her to commit suicide. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. Prima faice, I am satisfied that there are materials against the petitioner to attract the offences alleged against him. If the petitioner is granted Anticipatory Bail, it would adversely affect the proper investigation of the case. In the facts and B.A. No. 7260 of 2009 2 circumstances of the case, custodial interrogation of the petitioner would be required. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln