Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE4H DAY OF FEBRUARY201415TH MAGHA, 1935 Bail Appl..No. 725 of 2014 (A) ----------------------------------------- [CRIME NO. 56/2014 OF PALLICKAL POLICE STATION] .......... PETITIONER/ACCUSED: ---------------------------------- SHEMEER, AGED29YEARS, S/O.THAJUDEEN, SAMSOM MANZIL, ARAYIL DESOM, PALLICKAL VILLAGE, THIRUVANANTHAPURAM, PIN - 691 502. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM). RESPONDENTS/STATE: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.
2. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM - 695 001. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 725 of 2014 ------------------------------------------ Dated this the 4th day of February, 2014 ORDER
The petitioner is the accused in Crime No.56/2014 of Pallickal Police Station. The offences alleged are under sections 498A and 306 of IPC.
2. The petitioner's wife committed suicide between 12.00 in the night 2.00 a.m. on 20.1.2014 by hanging on the ceiling fan. The marriage between the deceased and the petitioner took place on 6.3.2011. The prosecution contends that the wife committed suicide because of the cruel treatment meted out to her at the hands of the petitioner.
3. The petitioner was in gulf. He returned only about 1= months prior to the incident, it is submitted by the counsel. He is a driver by profession. On returning from gulf, the petitioner started to go for work as a driver, which B.A. No. 725/2014 -2- the deceased did not like. The petitioner has been in custody since 21.1.2014.
4. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail subject to the following conditions: (i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. B.A. No. 725/2014 -3- (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. (iii) The petitioner shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. (iv) The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from B.A. No. 725/2014 -4- disclosing such facts to the court or to any police officer or tamper with the evidence. (v) The petitioner shall not leave India without the prior permission of the learned Magistrate. (vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj