IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 269 of 2010 CRIME NO.480 OF 2009 OF MANGALAPURAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- MURALIDHARAN NAIR, S/O.VELAYUDHAN PILLAI, "THIRUVATHIRA" PATTATHIL MURI, MELTHONNACKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT: COMPLAINANT STATE -------------------------------- STATE OF KERALA REPRPESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 269 OF 2010 ------------------------------------------------------ Dated this the 22nd day of January, 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.480 of 2009 of Mangalapuram Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The petitioner is the husband of the deceased. The marriage between the petitioner and the deceased took place seventeen years ago. On 7.12.2009, the dead body of the wife of the petitioner was found in a well. The prosecution case is that she committed suicide due to harassment for dowry by the petitioner. It is alleged that the petitioner is a drunkard and he used to beat his wife after consuming alcohol. 4. The petitioner was arrested on 6.1.2010 and he was remanded to judicial custody. B.A. NO. 269 OF 2010 :: 2 :: 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Attingal, 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 a period of two months and thereafter, on all 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 enter into the limits of Mangalapuram Police Station for a period of two months, except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 269 OF 2010 :: 3 :: f) 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 ahz/