IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 3741 of 2009() ----------------------------- CRIME NO.217/2009 OF SASTHAMCOTTA POLICE STATION, KOLLAM PETITIONER/ACCUSED : -------------------------------------- BASHEER, AGED 50 YEARS, KOTTACHATTU VEDU, PANAPPETTY MURI, SASTHAMCOTTA VILLAGE, KOLLAM DIST. BY ADV. SRI.P.V.DILEEP RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3741 of 2009 ------------------------------------ Dated this the 24th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.217/2009 of Sasthamcotta Police Station, Kollam. 2. The offences alleged against the petitioner are under Section 498 A and 306 of the Indian Penal Code. 3. On 30/04/2009, the wife of the petitioner sustained burn injuries as she poured Kerosene on her dress and ignited. She was admitted in the Taluk Hospital, Sasthamcotta, District Hospital, Kollam and Medical College Hospital, Thiruvananthapuram. She died on 2/06/2009. On 2/05/2009, the victim gave a statement to the police, in which she has narrated the cruelty meted out by her husband and about his illegitimate relationship with another woman. 4. In the facts and circumstances of the case, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm