IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1029 of 2010() ----------------------------------- CMP.590/2010 of J.M.F.C.,KASARAGOD CRIME NO. 147/2009 OF BEDAKAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- P.NARAYANAN,AGED 46 YEARS, S/O.KUNHAMBU, SOUPARNIKA, KOLAM, KARIVEDAKAM GRAMAM, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/COMPLAINANTS : ------------------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, BEDAKAM POLICE STATION, (CRIME NO.147/2009)KASARAGOD DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1029 of 2010 ------------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 147/2009 of Bedakam Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 306 and 498-A of the Indian Penal Code. 3. The prosecution case is that on 18.02.2008, the petitioner married Nalini and she committed suicide by consuming poison on 24.11.2009 as a result of the harassment, mental and physical, meted out by the petitioner towards her. 3. The prosecution alleges the following facts: The petitioner had married one Thankamani in the year 1992. Alleging that the petitioner meted out cruelty to Thankamani, she started residing separately with her daughter. Thereafter, the petitioner married one Baby in the year 1997. Two children were born in that wedlock. At that time, coming to know of the relationship between the petitioner and Baby, Thankamani filed a petition before the police. It would appear B.A. No.1029 of 2010 2 that the petitioner divorced Baby and thereafter, he started living with Thankamani. A child was born thereafter to Thankamani in the relationship between the petitioner and Thankamani. It is alleged that the petitioner started harassing Thankamani again. On her petition, Bedakam police registered Crime No. 67/2007 against the petitioner under Section 498 A of the Indian Penal Code. Another case was also registered against the petitioner by Bedakam Police as Crime No.127/2007, on a petition filed by the brother of Thankamani. The offences alleged against the petitioner in Crime No. 127/2007 are under Sections 341 and 324 of the Indian Penal Code. 4. It is alleged that thereafter, the petitioner started residing with Nalini. On 18.02.2008, he married Nalini in a temple. Thankamani, on coming to know of this relationship between the petitioner and Nalini, appears to have created a scene. Thereafter, the petitioner settled Crime Nos. 67/2007 and 127/2007 with Thankamani and her brother. It is also stated that on a petition filed by Thankamani, she was granted divorce by the Family Court. B.A. No.1029 of 2010 3 5. It is alleged that the petitioner caused physical and mental harassment to Nalini also. The harassment was so unbearable that she committed suicide on 24.11.2009. 6. The petitioner was arrested on 02.02.2010 and he was remanded to judicial custody. 7. The investigation is in progress. Several witnesses are to be questioned and collection of materials for proof of several facts is required. If the petitioner is released on bail at this stage, there is every likelihood that the petitioner may tamper with the evidence or indulge in activities to intimidate or influence the witnesses. The grant of bail to the petitioner at this stage would be detrimental to the proper and smooth investigation of the case. 8. For the aforesaid reasons, I am of the view that the petitioner cannot be granted bail at this stage. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln