IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 3258 of 2010() ------------------------------------- CRIME NO.210/2009 OF THIDANAD POLICE STATION ........ : PETITIONER/ACCUSED -------------------------------------- N.J.JOSEPH @ JOSE, S/O. JOSEPH, NADUTHOTTIYIL(H), IRUMAPRAKARAYIL, MUNNILAVU VILLAGE, KONNIPAD, KOTTAYAM. BY ADV. SRI.SUSHANTH.J. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.R.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.3258 OF 2010 ----------------------------------- Dated this the 3rd day of June, 2010 O R D E R This is a petition for bail. 2. The alleged offence is under section 302 IPC. According to prosecution, petitioner committed murder of his wife and daughter. There was a quarrel in the house on the crucial day and the petitioner threw the daughter aged 14 years into a stream and she died due to dawning. He also strangulated his wife with a plastic rope and hanged her and committed the offence. The incident happened on 14.11.2009. 3. Learned counsel for petitioner submitted that petitioner is a rubber tapper by profession. He is residing with his wife and daughter in a house situated near the estate. Owner of the estate, who is very influential is residing very close to petitner's house. On 14.11.2009, petitioner had gone for work and when he returned, his wife and daughter were found missing. He made enquiry and since he could not trace them, he filed a complainant B.A. No.3258/10 2 before the police and a crime was registered. Later on 17.11.2009 dead body of his daughter was found in a nearby stream and dead body of his wife was found 100 m away from his property. Later, on 5.12.2009 petitioner was arrested on the allegation that he is responsible for murder. He is absolutely innocent of the allegations made. There is no proper investigation in this case. Petitioner is in custody for the past 180 days. Hence, petitioner may be granted bail, it is submitted. 4. Learned public prosecutor submitted that charge sheet is already laid on 5.5.2010. He has no objection in granting bail, but stringent condition may be imposed, it is submitted. He also pointed out that petitioner's daughter is a mentally retarded girl and his wife has also some mental problem. It is also submitted that petitioner was missing for sometime from the locality and when he came back, he was arrested. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed. Petitioner shall be released on bail on his executing a bond for Rs. 50,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on the following conditions : B.A. No.3258/10 3 i) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM for a period of two months. ii) Petitioner shall not influence or intimidate witnesses or tamper with evidence. This petition is allowed. K. HEMA, JUDGE. Sou.