IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 945 of 2010()
1. RAMAKRISHNAN, AGED 42 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.945 of 2010
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Dated this the 18th day of February, 2010
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.505 of 2009 of Perambra Police Station.
2. The offences alleged against the petitioner are under
Sections 498A and 306 of the Indian Penal Code.
3. The petitioner is a dentist by profession. His wife
Bindu, a young lady lawyer of Perambra Bar, is alleged to have
committed suicide on 11.11.2009. According to the petitioner,
she consumed ‘ASPA 80’, a product of Amway. According to the
mother of the deceased and office bearers of the Perambra Bar
Association, ‘ASPA 80’ is an organic solution intended for high
yield in plants and trees and consumption of the same would not
cause death of a person.
4. The petitioner had moved Bail Application No.7169 of
2009 before this Court for anticipatory bail. That Bail
Application was dismissed by the order dated 11th December,
2009. Thereafter, the petitioner was arrested on 13.12.2009.
BA No.945/2010 2
According to the petitioner, he surrendered before police on
13.12.2009. The petitioner is in judicial custody since then.
5. The learned Public Prosecutor submitted that
originally, the case was being investigated by C.I. Of Police,
Perambra and now the investigation is taken over by Assistant
Superintendent of Police, Vadakara. The investigation is in
progress.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence, the present stage of
investigation and the fact that the petitioner is in judicial custody
since 13.12.2009, I am of the view that bail can be granted to the
petitioner.
The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Perambra, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, 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;
BA No.945/2010 3
c) The petitioner shall surrender his passport before the
Judicial Magistrate of the First Class-I, Perambra within a
period of one week from today. If the petitioner does not
hold an Indian passport, an affidavit sworn to by him to that
effect shall be filed before the learned Magistrate within
one week;
d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
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