IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6301 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5813/2011 (CRIME NO.358 OF 2011 OF ALATHUR POLICE STATION) .................... ACCUSED 1 ----------------------------- UNNIKRISHNAN, S/O.GOPALAN, KUNDUTHODY VEEDU, PADUR, KAVASSERRY, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, ALATHUR POLICE STATION. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6301 OF 2011 --------------------------------- Dated this the 8th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.358 of 2011 of the Alathur Police Station, Palakkad District. 2.The offence alleged against the accused is under Section 304-B read with Section 34 of the Indian Penal Code. 3.The wife of the first accused consumed the leaves of a poisonous plant on 23.6.2011 for the purpose of committing suicide and she died on 24.6.2011. It is alleged that she consumed the leaves of a poisonous plant on account of the cruelty meted out to her demanding dowry. It is submitted that the second accused was arrested on 12.7.2011 and the first accused surrendered before court on B.A.No.6301 OF 2011 2 13.7.2011. Both of them are in judicial custody. 4. As per the order dated 22nd July, 2011, bail was granted to the second accused and it was refused to the petitioner herein. Investigation has progressed thereafter. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for two months and thereafter, on all Mondays, till the final report is filed or until further orders. B.A.No.6301 OF 2011 3 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 as above. K.T.SANKARAN, JUDGE cms