IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8883 of 2011 CRIME NO.742 OF 2011 OF GANDHINAGAR POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED -------------------------------------- C.B.NOUSHAD,AGED 37 YEARS,S/O.BASHEER, PUTHENPURAYIL HOUSE,MULLUSSERIKARA, PERUMBAIKAD VILLAGE,MULLUSSERI.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. STATION HOUSE OFFICER, GANDHI NAGAR POLICE STATION,KOTTAYAM. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PIN-688013. 2. SHYLA BEEVI,AGED 34 YEARS, PUTHNEPARAMBIL HOUSE, NIRMITY COLONY ROAD,MULLUSSERI.P.O, PERUMBAIKAD-680509. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8883 OF 2011 ------------------------------------------------------ Dated this the 2nd 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 accused in Crime No.742 of 2011 of Gandhinagar Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 308 and 498A of the Indian Penal Code. 3. The prosecution case is that on 11.8.2011, the petitioner attempted to murder his wife by pouring kerosene on her body and setting her on fire. The wife of the petitioner sustained 25% burn injuries. The petitioner surrendered before the investigating officer on 1.10.2011 and, on production before Court, he was remanded to judicial custody. The investigation has progressed much thereafter. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO. 8883 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ettumanoor, 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; 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 ahz/