IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2010 of 2010() ----------------------------- CRIME NO.87/2010 OF KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- JAGANATHAN, AGED 33 YEARS, S/O.JANARDHANAN, LEKHA BHAVANAM, MOOLAVILA, KADAMPANAD, NOW RESIDES AT SOUMYA BHAVANAM, C/O.BHASKARAN, RAJAGIRI, KOODAL, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR, KOODAL POLICE STATION 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 2010 of 2010 ------------------------------------ Dated this the 8th day of April, 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. 87/2010 of Koodal Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Section 304-B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 3. It is alleged that the wife of the petitioner consumed acid and jumped into the well with the child. She died. The doctor, who conducted postmortem, opined that death was due to the consumption of poison. It is alleged that there was constant harassment of the deceased by the accused, demanding property and money. To some extent, his claims were satisfied. Thereafter, he was demanding more money and more property. 4. The petitioner was arrested on 28.02.2010 and he was remanded to judicial custody. 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 B.A. No. 2010 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta 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, 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 as above. K.T. SANKARAN, JUDGE ln