Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY,THE4H DAY OF APRIL201414TH CHAITHRA, 1936 Bail Appl..No. 2394 of 2014 (D) ------------------------------- AGAINST THE ORDER
IN CRMC6112014 of SESSIONS COURT, THIRUVANANTHAPURAM DATED2503-2014 CRIME NO. 230/2014 OF KILIMANOOR POLICE STATION , THIRUVANANTHAPURAM PETITIONER(S)/1ST ACCUSED: -------------------------------------------------- SAJI AGED25YEARS S/O.VIJAYAKUMAR, PLAVILA VEEDU, PULLIMATHU VAMANAPURAM, PULLIMATHU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): ---------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0404-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2394 of 2014 (D) ------------------------------------------ Dated this the 4th day of April, 2014 ORDER
The petitioner is the 1st accused in Crime No.230/2014 of Kilimanoor Police Station, Thiruvananthapuram District. Offences alleged are under sections 304B and 498A r/w 34 of IPC.
2. The petitioner has been in custody since 22.02.2014.
3. The petitioner is the husband of deceased Aswathy. Their marriage took place on 03.02.2012. She was staying in the house of the 1st accused. The petitioner was away in military service. Aswathy committed suicide by hanging on 21.02.2014 at 8.30 pm. The petitioner (husband) reached on 22.02.2014. Complaint was filed stating that the accused persons had subjected the deceased to cruelty demanding more money, gold B.A. No. 2394/2014 (D) -2- ornaments etc and that her life was made miserable. Diary notings were also relied upon.
4. The learned Sessions Judge, after considering the gravity of the offence, rightly dismissed the application for bail.
5. The learned counsel for the petitioner submits that considering the period of detention, the petitioner may be granted bail.
6. 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: B.A. No. 2394/2014 (D) -3- (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five 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. (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all alternate Wednesdays 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 B.A. No. 2394/2014 (D) -4- 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 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. B.A. No. 2394/2014 (D) -5- The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj