IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Bail Appl..No. 7618 of 2011 ----------------------------------- CMP.3839/2011 of J.M.F.C.-II, KOCHI CRIME NO.1822/2011 of KOCHI CUSBA POLICE STATION .................... PETITIONERS/ACCUSED 1 AND 2: 1. ALTHAF, AGED 24 YEARS, S/O.UMBAI, NANGARIPARAMBU HOUSE, PALLURUTHY V.P.SASI ROAD, ERNAKULAM DISTRICT, PRESENTLY RESIDING AT PULIYAPARAMBIL, PAMBAIMOOLA, ERNAKULAM DISTRICT. 2. UMBAI, AGED 50 YEARS, S/O.UMBAI, DO. DO. BY ADV. SRI.K.A.ABDUL SALAM SRI.SUNIL V.MOHAMMED RESPONDENT/STATE: THE STATE OF KERALA, REP.BY THE SUB-INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN BA 7618/2011 ANNEXURE 1 TRUE COPY OF THE FIR REGISTERED BY THE POLICE DT. 1.9.2011 ANNEXURE 2 TRUE COPY OF THE REMAND REPORT DT. 2.9.2011 FILED BY THE POLICE ANNEXURE 3 TRUE COPY OF THE ORDER DT. 3.9.2011 IN CMP 3839/2011 /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- B.A.No.7618 OF 2011 ------------------------------------------- Dated this the 19th day of September, 2011 ORDER Petitioners are accused 1 and 2 in Crime No.1822/2011 of Kochi Cusba Police Station, registered under Sections 498A and 306 read with Section 34 of Indian Penal Code. Petitioners have been in custody from 02.09.2011 onwards. 2. Learned Magistrate dismissed their application for bail. Learned counsel for the petitioner submits that the wife of the first accused did not actually commit suicide, though it is alleged that there was an attempt to commit suicide. 3. Learned Public Prosecutor submits that there was an earlier complaint alleging offence under Section 498A of Indian Penal Code, which was subsequently settled between the parties. Again petitioners are indulged in subjecting the woman to cruelty. 4. However, considering the entire aspects of the case, petitioners are granted bail on the following conditions: Petitioners shall execute bond for Rupees One lakh each with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate-II, Kochi. BA 7618/2011 2 Petitioners shall appear before the Investigating Officer between 10 a.m. and 11 a.m. on all Tuesdays and Saturdays till filing of the charge sheet. Petitioners shall not leave the jurisdiction of the Kochi Cusba Police Station. Petitioners shall surrender their passports, if any. If they do not possess passport, they shall file affidavit to that effect. Learned Magistrate can require production of the original and photocopy of the title deeds of the sureties and after perusal, the original shall be returned. Petitioners shall not in any way interfere with the investigation and shall not influence the witnesses. (N.K.Balakrishnan, Judge) tkv