Kerala High Court
Aneesh A Nair @ Shibu vs The State Of Kerala on 24 May, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 24TH DAY OF MAY 2012/3RD JYAISHTA 1934
Bail Appl..No. 2635 of 2012 ()
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CMP.1765/2012 of J.M.F.C.-II,HOSDRUG
CRIME NO.146/2012 OF CHITTARIKKAL POLICE STATION
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PETITIONER/ACCUSED :-
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ANEESH A NAIR @ SHIBU
AGED 39 YEARS, S/O LATE APPUKUTTAN NAIR
RESIDING AT NEDUMPURATH HOUSE, PARAKKADAVU
AYYANNUR CHITTARIKKAL, CHITTARIKKAL VILLAGE
HOSDURG TALUK, KASARAGOD.
BY ADV. SRI.T.MADHU
RESPONDENT/STATE :-
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THE STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER
CHITTARIKKAL POLICE STATION
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-
05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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N.K.BALAKRISHNAN, J.
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B.A. No.2635 of 2012
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Dated this the 24th day of May 2012
O R D E R
Petitioner is alleged to have committed the offences under Secs.498A and 304(B) IPC. His wife consumed poison on 5.4.2012. She died on 12.4.2012. It is alleged that earlier the offence was registered only under Sec.498A IPC. But as the victim girl died consuming poison, Sec.304(B) IPC also added. Petitioner has been in custody from 12.4.2012 onwards. It is alleged that petitioner subjected the deceased to physical and mental cruelty and because of the unbearable treatment meted out to her, she committed suicide. Learned counsel submits that there was no suicide note or any other material to show that she had been subjected to cruelty. I am not entering into the merits of the case.
2. Considering the period of detention, the petitioner is granted bail with effect from 28.5.2012 B.A. No.2635 of 2012 -: 2 :- subject to the following conditions :-
a. The accused shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Court. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Monday between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file an affidavit that he B.A. No.2635 of 2012 -: 3 :- will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused and the sureties shall not leave the jurisdiction of the concerned Court without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.BALAKRISHNAN, JUDGE.
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