IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Bail Appl..No. 3529 of 2010() ---------------------------------- CRIME NO. 446/2010 0F MATHILAKAM POLICE STATION .................... PETITIONER/ACCUSED : ------------------------------ SULFIKAR, S/O.YUNUS, RAYAM MARAKKAR VEETIL HOUSE, MULLAN BAZAR, S.N.PURAM DESOM, SREE NARAYANA PURAM VILLAGE, KODUNGALLUR TALUK, THISSUR. BY ADV. SRI.A.G.BASIL RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTER, HIGH COURT OF KERALA,ERNAKULAM. 2. S.H.O.,MATHILAKAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3529 of 2010 ------------------------------------ Dated this the 14th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 498(A) read with Section 34 of the Indian Penal Code. According to prosecution, petitioner along with his mother and father have physically and mentally harassed deceased Sabeena and she died on 07.05.2010 at the hospital. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made and that he was residing along with his wife and children in the house of de facto complainant who is his father-in-law. He has not been committing any act of cruelty and there was no complaint against him till the death of his wife. Petitioner is physically handicapped and his leg and hand are impaired. F.I. Statement will show that the deceased was hospitalised and she died due to fever, since it aggravated. The allegation made is that the disease aggravated due to the act of petitioner and his parents. Petitioner is in custody for the past 35 days. B.A. No. 3529 of 2010 2 4. Learned Public Prosecutor pointed out that as per the allegations made , the deceased was an epileptic patient and her condition aggravated because of the alleged acts of the cruelty of the petitioner. However, he has no objection in granting bail, but conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every Monday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln