IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8150 of 2007()
1. INASEN, AGED 32,
... Petitioner
2. MARY, AGED 64, W/O.LATE LONAPPAN,
Vs
1. THE STATE OF KERALA, REP.BY
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2007
O R D E R
R. BASANT, J.
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B.A.No. 8150 of 2007
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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
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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
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(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
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