IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8150 of 2007() ----------------------------- CRIME NO. 321/07 OF MALA POLICE STATIOIN, TRICHUR CRMP.1316/2007 of J.M.F.C.,CHALAKUDY .................... PETITIONERS/ACCUSED: ------------------------------------- 1. INASEN, AGED 32, S/O.LONAPPAN, PANIKULANGARA HOUSE, ANNAMANDA, THRISSUR DISTRICT. 2. MARY, AGED 64, W/O.LATE LONAPPAN, PANIKULANGARA HOUSE, ANAMANADA P.O., THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8150 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008 O R D E R This application is for regular bail. The petitioners face allegations for offences punishable under Sections 498A and 304B I.P.C. The petitioners are the husband and mother-in-law of the deceased. An earlier application for anticipatory bail filed by them was dismissed by this Court as per order dt. 25.10.2007 in B.A. No. 6353 of 2007. Later the first petitioner applied for regular bail and by order dt.28.11.07 in B.A.No. 7262 of 2007 the said application was also dismissed. The second petitioner has also subsequently surrendered to custody. The petitioners continue in custody from 14.11.07 and 29.11.2007 respectively. 2. The marriage between the spouses took place on 28.5.2005. The deceased wife committed suicide on 3.7.2007. The deceased had allegedly committed suicide by hanging. There were some burn injuries on the deceased, which generated suspicion about the cause of death and the sequence of events. B.A.No. 8150 of 2007 2 The clothes of the deceased had evidently been changed after she suffered the burn injuries. There were allegations that the second petitioner had destroyed the burnt clothes of the deceased. The totality of circumstances did generate serious suspicion about the sequence of events which led to the death of the deceased. Investigation is in progress. The police have not made any graver allegation than the ones under Section 498A and 304B I.P.C. against the petitioners. Investigation is not complete. Final report has not been filed. 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be enlarged on bail now subject of course to appropriate conditions. 4. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 8150 of 2007 3 (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and 1 p.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (c) The petitioners shall not leave the jurisdiction of Mala police station until further orders without the prior permission of the learned Magistrate. (R. BASANT) Judge tm