IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6400 of 2008() ----------------------------- CRIME NO.562/2008 OF BALUSSERY POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- PRAJOTH, S/O.PRABHAKARAN, AGED 33 YEARS, UMMIRIKUNNUMMAL HOUSE, UNNIKULAM AMSOM, POONOOR DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6400 of 2008 ------------------------------------------------- Dated this the 20th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 306 and 498 (A) of IPC. According to prosecution, petitioner, who is the husband of the deceased Priyadarshini, in furtherance of common intention, with the second accused, who is his father's brother's wife, ill treated the deceased mentally and they also abetted her to commit suicide. She, therefore, committed suicide by hanging. It is alleged that the deceased had complaint that the petitioner was having an affair with his father's brother's wife. 3. Learned counsel for the petitioner submitted that the allegations are absolutely false. The deceased insisted that they should go to her house on Onam day. But, the petitioner pointed out that his father's brother and his wife, who are old persons, are alone in the house and they have no issues also and therefore, they would stay back with them on Onam day and on the next day, they would go to her house. But, the deceased was offended by this and she committed suicide on 11.9.2008. Petitioner was arrested on 18.9.2008 and he is in custody since then. 4. Learned public prosecutor submitted that he has no BA No. 6400/08 2 objection in granting bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition no.(ii). (iv) However, petitioner is permitted to go to his house on first and second of November to participate in the wedding of his brother. (v) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl