Latheesh Chidangil v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 Bail Appl..No. 526 of 2015 () ------------------------------ CRIME NO. 299/2014 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT ------------------------- PETITIONER/ACCUSED :

-------------------------------------- LATHEESH CHIDANGIL, S/O.BALAN, AGED 36 YEARS CHIDANGIL HOUSE, KALLIASSERI CENTRAL KANNUR DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS RESPONDENT/COMPLANINANT :

------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

B.KEMAL PASHA, J.

................................................................ B.A. No.526 of 2015 ............................................................... Dated this the 9th day of February, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.299/2014 of the Kannapuram Police Station, Kannur registered for the offence punishable under Section 306 of the Indian Penal Code.

3.

The allegation against the petitioner is that he abetted the commission of suicide by his wife and consequently she committed suicide on 10.05.2014 in between 10.30 p.m. and 11 p.m. by hanging on the ceiling fan in the house wherein she was residing along with the petitioner. The petitioner has been in custody for the period from 10.12.2014 onwards.

B.A.No. 526 of 2015 -: 2 :- 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5.

Even though the petitioner has been in custody for the period from 10.12.2014 onwards, final report has not been filed so far in the matter. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 16.02.2015 for a period of six months.

(ii) The petitioner shall not tamper with

B.A.No. 526 of 2015 -: 3 :- the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge