IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10326 of 2011() ------------------------------ Crime No.515 of 2011 of Mannar Police Station, Alappuzha District. PETITIONER/ACCUSED NO.1 ------------------------------------------- KOSHY VARGHESE, AGED 30 YEARS, S/O.K.Y. VARGHESE, CHANGAYIL PUTHEN HOUSE, ERAMATHOOR MURI, THRIPERUNTHARA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR, ALAPPUZHA DISTRICT (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10326 OF 2011 --------------------------------- Dated this the 22nd day of December, 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.515 of 2011 of Mannar Police Station, Alappuzha District. 2.The offence alleged against the petitioner is under Section 304-B of the Indian Penal Code. 3.The marriage between the petitioner and the deceased took place on 5.2.2007. The wife of the petitioner committed suicide by hanging on 4.11.2011. The allegation is that she committed suicide on account of the matrimonial cruelty meted by the petitioner towards her. The petitioner was arrested on 9.11.2011 and he was remanded to judicial custody. B.A.No. 10326 OF 2011 2 4. The learned counsel for the petitioner submitted that the petitioner is working in Assam Rifles. It is submitted that on the date of occurrence, the petitioner was working in Meghalaya. 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, Chengannur, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A.No. 10326 OF 2011 3 B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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