IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 9014 of 2011() ----------------------------- CRIME NO.1370/11 OF PARAVUR POLICE STATION, KOLLAM PETITIONER/ACCUSED : --------------------------- MOHANAN PILLAI, AGED 46, S/O.BHASKARAN UNNITHAN, B.M.MANDIRAM, KOCHALUMMODU, KOONAYIL CHERRY, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.SHABU SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE ACP, CHATHANNOOR, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9014 of 2011 --------------------------- Dated this the 4th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1370 of 2011 of Paravur Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 304 B of the Indian Penal Code. 3. The prosecution case is that on account of the matrimonial cruelty meted out towards the victim, the second wife of the petitioner, she poured kerosene and set ablaze. She succumbed to the burn injuries on 6.10.2011. 4. The learned Public Prosecutor submitted that the petitioner is an alcoholic and he used to harass and humiliate the deceased. He used to demand money also from the deceased. BA 9014/11 2 5. The petitioner was arrested on 8.10.2011 and he was remanded to judicial custody. 6. The investigation of the case is at the final stage. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 18.11.2011. The petitioner shall be released on bail only on 18.11.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, South Paravur, Kollam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; BA 9014/11 3 B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl