IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3075 of 2009()
1. TOMY JOSEPH, MYLADIYIL HOUSE, (MYALIL),
... Petitioner
Vs
1. DEPUTY SUPERINTENDENT OF POLICE,
... Respondent
For Petitioner :SRI.TOM JOSE (PADINJAREKARA)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3075 of 2009
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Dated this the 11th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the sole accused in
Crime No.108 of 2009 of Kidangoor Police Station.
2. The offence alleged against the petitioner is under Section
304B of the Indian Penal Code.
3. The prosecution case is that the wife of the petitioner
committed suicide on account of the cruelty and harassment meted
against her by the petitioner. The learned Magistrate had recorded the
dying declaration of the victim. A copy of the declaration was made
available by the learned public prosecutor.
4. I have carefully gone through the case diary and the
dying declaration. Taking into account the facts and circumstances of
the case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner. There
will be a direction that in the event of the arrest of the petitioner, the
officer in charge of the police station shall release him on bail on his
executing bond for Rs.50,000/- with two solvent sureties for the like
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amount to the satisfaction of the officer concerned, subject to the
following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 1 P.M. on all Sundays, 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 try to influence the prosecution witnesses
or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above, the
bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.
K.T.SANKARAN,
JUDGE
csl
BA No. 3075 /2009 3
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K.T.SANKARAN,
JUDGE
csl