IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1076 of 2010() -------------------------------------- CRIME NO.264/2009 OF MAVOOR POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED: ------------------------------------ REJEESH, S/O.DAMODHARAN, AGED 33 YEARS, ARAPOYIL PAR5AMBA HOUSE, PERUVAYAL AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT/COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1076 of 2010 ------------------------------------ Dated this the 2nd day of March, 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. 264/2009 of Mavoor Police Station, Kozhikode. 2. The prosecution case is that on 30/11/2009, the wife of the petitioner, carrying her child aged about 4 years, jumped in front of the running train and committed suicide. The child also died on the spot. The crime was originally registered under Section 174 of the Code of Criminal Procedure. Later, the offence was altered as under Sections 498A and 306 of the Indian Penal Code. During investigation, the offence was again changed as under Section 304 B of the Indian Penal Code. 3. The petitioner was arrested on 21/12/2009 and he was remanded to judicial custody. 4. 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 B.A. No. 1076/2010 2 petitioner on stringent conditions. 5. 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, Kunnamangalam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, 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 surrender his Passport, if any, before the Judicial Magistrate of the First Class, Kunnamangalam within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not enter into the limits of Mavoor Police Station, Kozhikode for a period of two months, except for complying with conditions A and B. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 1076/2010 3 F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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 scm