IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7116 of 2008() ----------------------------- CRIME NO.312/2008 OF ARYANAD POLICE STATION PETITIONER/ACCUSED:- ---------------------------------------- RATHEESHKUMAR @ UNNI, S/O.RAVINDRAN KANI RATHEESH BHAVAN, CHETTIYAM PARA, CHITTUVETTU MURI, THOLICODE VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7116 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 449 and 302 of IPC. According to prosecution, petitioner was having illicit relationship with the deceased and on the date of occurrence, there was some quarrel, since she was not amenable to his request and following the quarrel, he poured kerosene on her and set fire to her. The incident occurred on 8.9.2008 and the deceased died on 14.9.2008. 3. Petitioner was arrested on 17.9.2008. Learned counsel for petitioner submitted that the deceased had stated to doctor that it was an accidental fire. But, a different story is now put forward by the prosecution that it was a case of murder. Petitioner is absolutely innocent of the allegations made, it is submitted. 4. Learned public prosecutor submitted that the case diary reveals that there were eye witnesses to the incident and the act was committed in the presence of the children of deceased. There are also other statements made by the deceased which reveals that petitioner had committed the offence. However, taking into consideration the stage of investigation, he has no objection in BA No.7116/2008 2 granting bail on stringent conditions. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions and hence, the following order is passed: Petitioner is granted bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of direction in clause no.(i) above. (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl