IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2339 of 2009()
1. K.S.SREEJITH,S/O.LATE SHASHIDHARAN,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/05/2009
O R D E R
C.T.RAVIKUMAR, J.
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B.A.No. 2339 of 2009
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Dated this the 8th day of May, 2009
O R D E R
This is an application for regular bail filed under section 439 of
the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.230/09 of Kasaragod
Police Station. The said crime has been registered alleging
commission of offence punishable under Section 306 of the Indian
Penal Code, in connection with the suicide committed by one
Smt.Manjula, the daughter of the defacto complainant, on 1.4.2009.
The petitioner was arrested in connection with the case on 3.4.2009
and since then he has been in judicial custody. His application for bail,
moved before the J.F.C.M.-I, Kasaragod was dismissed as per
Annexure A1. According to the petitioner, it is a falsely foisted case
against him and he has absolutely no connection with the alleged
crime.
3. I have heard the learned counsel for the petitioner and also
the learned Public Prosecutor.
4. In connection with the above said crime, the petitioner was
taken into custody and has been under judicial custody since 3.4.2009.
B.A.NO.2239/2009 2
5. The case of the prosecution is that the deceased has
committed suicide on account of the disturbance caused by the
petitioner/accused continuously over telephone. However, considering
the fact that the petitioner has been under judicial custody since
3.4.2009 and the investigation is yet to be completed, I think the
petitioner can be enlarged on bail with stringent conditions, without
causing prejudice to the prospects of the investigation.
6. Accordingly, this application is allowed subject to the
following conditions.
(i) The petitioner shall be released on bail on his executing a
bond for Rs.50,000/- with two solvent sureties for the like sum each to
the satisfaction of the J.F.C.M.-I, Kasaragod.
(ii) The petitioner shall report before the Investigating Officer
once in a week, viz, on all Saturdays.
(iii) The petitioner shall not tamper with or attempt to tamper
with evidence or intimidate or influence or attempt to intimidate or
influence the witnesses.
C.T.RAVIKUMAR, JUDGE
dsn