IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 5929 of 2008() ----------------------------- CRIME NO.1349/2008 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONER : ACCUSED --------------------------------- RIYAS, S/O.ABOOBAKKER AGED 26, CMC-30 NEAR CHERTHALA RAILWAY STATION, CHERTHALA, ALAPPUZHA BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT ------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR, ET NORTH POLICE STATION REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5929 of 2008 ------------------------------------------------- Dated this the 29th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 306 and 202 of IPC. According to prosecution, petitioner and the deceased were living together as husband and wife since February 2008. When he came to know that she was earlier married and have two children also, there was an altercation between the two. On 22.8.2008, she attempted to commit suicide and the petitioner found her in a critical state. She was removed to the hospital, but, on the way, she died. Then, instead of taking the dead body to the hospital, he took the same to a place at a distance of 25 km. away and abandoned the dead body, with a view to destroy evidence. He abetted the deceased to commit suicide. 3. Learned counsel for the petitioner submitted that the petitioner was arrested on 30.8.2008 and he is in custody since then. There was a strain in the relationship on knowing that the deceased was married earlier. But, the fact was suppressed from the petitioner. The deceased committed suicide. But, petitioner has not abetted the same. He denies all allegations BA No.5929/08 2 made against him. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl