IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Bail Appl..No. 952 of 2010() --------------------------------- CMP.722/2010 of J.M.F.C., SASTHAMCOTTA CRIME NO.77/2010 OF CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT. .................... PETITIONER/ACCUSED : --------------------------- BADARUDHEEN, S/O.ALIYARUKUTTY KEERUVILA PADEETTATHIL, PADINJATTAKKARA MURI THEVALAKKARA VILLAGE (FROM CHAKKALA VADAKKE THARA, PANMANA NADUVATHU CHERRI VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGOM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 952 of 2010 ------------------------------------ Dated this the 3rd 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.77/2010 of Chavara Thekkumbhagom Police Station, Kollam. 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 25.01.2010, the wife of the petitioner committed suicide and that she did so on account of the offences committed by the petitioner under Sections 498-A and 306 of the Indian Penal Code. The petitioner was arrested on 04.02.2010 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 petitioner. B.A. No. 952 of 2010 2 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, Sasthamcotta 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 for two months and thereafter on Mondays, 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