Sathish v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 6487 of 2015 ------------------------------------- CRIME NO. 1873/2015 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM ------------------- PETITIONER(S)/ACCUSED:
------------------------------------- * SATHISH AGED 50 YEARS, (CORRECTED) K S S NILAYAM, (VARNAM) PUNNAMOODU, VARKALA DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. * THE NAME OF THE PETITIONER OCCURING IN BA.6487/15 IS CORRECTED AND SUBSTITUTED AS "SUNEESH KUMAR" INSTEAD OF "SATHISH" AS PER ORDER DTD.20/10/15 IN CRL.MA.9897/15 IN BA.6487/15 BY ADV. SRI.M.DINESH RESPONDENT/COMPLAINANT:
------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6487 of 2015 ------------------------------------------------ Dated this the 13th day of November, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioner is the accused in Crime No.1873 of 2015 of Varkala Police Station registered for an offence punishable under Section 306 I.P.C.
3.
Prosecution case, in short, is that wife of the petitioner committed suicide on account of his alleged illicit connection with another lady.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Learned counsel for the petitioner submitted that after ten years of marriage, his wife committed suicide merely on account of a suspicion about the fidelity of her husband. The case of abetment of commit suicide is not maintainable. Considering the nature of allegations, I find that bail can be granted to the petitioner with following directions :
1. Petitioner shall surrender before the
B.A No.6487 of 2015 2 investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer. 2.
The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3 Petitioner shall appear before the Investigating Officer as and when directed.
4. Petitioner shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge