IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2439 of 2009 ----------------------------- CRIME NO. 130/2009 OF VALIYATHURA POLICE STATION CMP.852/2009 of J.M.F.C.-II,TRIVANDRUM .................... PETITIONER/ACCUSED -------------------------------------- MARCOSE @ JERIKAL, S/O.PEREIRA, TC 34/1810, NEAR ST.MARY'S READING ROOM, KUZHIVILAKAM, VALIYATHURA, PETTAH VILLAGE, NOW RESIDING AT TC 71/944, BEEMAPALLY WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE CIRCLE INSPECTOR OF POLICE, POONTHURA POLICE STATION. BY PUBLIC PROSECUTORMR. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No.2439 of 2009 --------------------------------------------- Dated this the 8th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure, by the accused in Crime No.130/09 of Valiyathura Police Station, alleging commission of offence punishable under Sections 323, 324, 326 and 307 of the Indian Penal Code. 2. The case of the prosecution is that on 19.3.2009 at about 1 noon, the petitioner assaulted his wife and inflicted stab injuries on her body, on account of suspicion on her fidelity. The petitioner was arrested on 20.3.2009 and was produced before the Court on the same day and has been under judicial custody since then. 3. According to the petitioner, his wife has got illegal connection with another man, one Mr.Benny and on the said unfortunate date, the same man was found lying with his wife and at that sight, he lost his control and committed the offences alleged. According to him, Section 307 is not attracted, even if the entire case of the prosecution is admitted. 4. As stated earlier, the petitioner has been taken into custody on 20.3.2009 and since then he has been under judicial BA.2439/09 2 custody. Considering the circumstances of the case, I think the petitioner can be enlarged on bail without prejudice to the process of the investigation. 5. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M.-II, Thiruvananthapuram. (ii) The petitioner shall report before the Investigating Officer as and when his presence is required, in writing. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn