IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9092 of 2011 CRIME NO.719 OF 2011 OF MANJERI POLICE STATION, MALAPPURAM. PETITIONER: ACCUSED NO.1 -------------------------------- ABDUL MUNEER, S/O. MUHAMMEDALI, KAZHUKUNNUMMAL HOUSE, P.O. MANJAPETTA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT: COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT - 676 121. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9092 of 2011 ------------------------------------------------------ Dated this the 12th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.719 of 2011 of Manjeri Police Station, Malappuram District. 2. The offences alleged against the accused are under Sections 498A and 306 read with Section 34 of the Indian Penal Code. 3. The marriage between the petitioner and the deceased took place on 21.5.2004. There are two children in that wedlock. On 13.10.2011, the wife of the petitioner committed suicide by hanging, at her residence. 4. The learned counsel for the petitioner, relying on Annexures B, C and D series, submitted that the deceased was Bail Appl. NO.9092 OF 2011 :: 2 :: being treated for mental disorder and that the suicide committed by her cannot be attributed to any cruelty on the part of the petitioner. 5. When the Bail Application came up for admission on 1st December, 2011, the following order was passed: “5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 6th and 7th December, 2011. 7. Post on 12th December, 2011. 8. The interim order is extended for a period of two weeks. Bail Appl. NO.9092 OF 2011 :: 3 :: 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner that the direction in the order dated 1st December, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 1st December, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appl. NO.9092 OF 2011 :: 4 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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; 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/