Petitioner, who is the first accused in Crime No.1029 of 2014 of Kasaba Police Station, Palakkad district registered for offences under Sections 498A and 306 r/w Section 34, is the applicant in this bail application filed under Section 439 of the Code of Criminal Procedure seeking regular bail, as he is in custodial detention for the last 34 days since 17.09.2014. 2. The gist of the prosecution allegation is that the wife of the petitioner, Sunitha, had committed suicide at her matrimonial home by hanging on 16.09.2014 allegedly due to the harassment from the side of the petitioner and his relatives, who are accused Nos.2 to 4 in the aforementioned crime. Accused No.2 is the father of the first petitioner herein who was already granted regular bail as per Annexure I order dated 22.09.2014 by the Sessions Court, Palakkad. Accused No.3 and 4, who are the mother and sister of the first petitioner herein, were granted anticipatory bail by this Court as per order dated 08.10.2014 in B.A No.7143 of 2014.
3. Sri.S.Rajeev, the learned counsel for the petitioner, submits that the petitioner is innocent of all the allegations and has made extensive averments and contentions in the memorandum of this bail application for raising such pleas and he would urge that all the other accused are now on bail and that the petitioner has been in custodial detention since the last 34 days. He would further urge that no purposes warrant his continued detention, as the investigation is almost over.
4. The learned Public Prosecutor would submit that the contention of the petitioner, regarding his innocence, are devoid of any merit and the investigation has been conducted fairly and properly and that the issues regarding the innocence or otherwise of the first petitioner are not germane at this stage. Learned Public Prosecutor would further submit that the investigation is almost over and in case this Court is inclined to grant bail to the petitioner, strict safeguards may be imposed so as to protect the interest of the prosecution.
5. Having considering the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and on consideration of the totality of the facts and circumstances of this case, this Court is inclined to grant regular bail to the petitioner. Investigation is almost over and the petitioner is in custodial detention for the last 34 days and all the other accused are already on bail.
6. Accordingly, it is ordered that the petitioner shall be released on bail on executing a bond for `35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties for the like amount to the satisfaction of the court below concerned and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall not involve in any criminal offence of similar nature.
iii) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
iv) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If the petitioner fails to comply with any of the aforementioned conditions, the bail granted to him is liable to be cancelled.
Sd/-
ALEXANDER THOMAS, JUDGE.
Vdv //True Copy// P.A to Judge