IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1071 of 2010 CRIME NO.12 OF 2010 UPPUTHARA POLICE STATION, IDUKKI DISTRICT PETITIONER/ACCUSED -------------------------------------- RAJESH, S/O.PARAMESWARAN, KUMBALAKUZHIYIL HOUSE, 9 ACRE HOUSING COLONY BHAGOM, UPPUTHARA KARA, UPPUTHARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1071 OF 2010 ------------------------------------------------------ Dated this the 2rd day of March, 2010 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.12 of 2010 of Upputhara Police Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The prosecution case is that on 15.1.2010 at 9 PM, the wife of the petitioner poured kerosene on her dress and ignited. She was admitted in the hospital. On 21.1.2010 she died. It is alleged that the wife of the petitioner committed suicide on account of the cruelty meted out by the petitioner towards her. 4. I have perused the case diary. I have also perused the dying declaration made by the deceased and also the version of the son of the deceased. B.A. NO. 1071 OF 2010 :: 2 :: 5. The learned counsel for the petitioner submitted that the deceased had illicit connection with one Sabu. Sabu visited the deceased in the hospital. On the next day of the death of the deceased, Sabu committed suicide. 6. The petitioner was arrested on 4.2.2010 and he was remanded to judicial custody. 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 on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Peerumade, 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, till the final report is filed or until further orders; B.A. NO. 1071 OF 2010 :: 3 :: b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not enter into the limits of Upputhara Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/