IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 3825 of 2010() ----------------------------- CRIME NO.458/10 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM .................... (S): PETITIONER ------------------------------ SUNEESH @ RAJESH, S/O.SREEDHARAN NAIR, AGED 30 YEARS, AMBONTHALA VEEDU, NEAR SREEDHARMA SASTHA TEMPLE, AZHAMKULAM,PALIYODE, KORANAMCODE DESOM, ANAVOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3825 of 2010 ---------------------------------------------- Dated 9th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 302 and 397 of the Indian Penal Code. According to prosecution, the deceased, who is aged 40 years and petitioner, who is aged 30 years were in love with each other. The deceased was a widow and her daughter was married off. The petitioner told her that they would live together, and took her under that pretext, from Thiruvananthapuram to Varkala by train. From there, she was taken to a lodge. Thereafter, he told that they would shift to a rented house and wanted her to accompany him to see the house. They went on a motor bike and on reaching a remote place, he stopped the vehicle and asked the deceased to hand over the gold ornaments for pledging, in order to raise money for giving advance rent for the house. When she refused, she was asked to go in front of him to see the house. Petitioner had carried kerosene in his hand and poured it on her from behind and set fire to her and took away the gold ornaments, which were kept in a BA NO.3825/10 2 bag, and thereby committed the offences. The incident happened on 19.4.2010 and the deceased died in the hospital on 29.4.2010. 3. Learned counsel for petitioner submitted that petitioner was arrested on 21.4.2010 and he is in custody for the past 79 days. This petition is strongly opposed. Learned Public Prosecutor submitted that this is a case of gruesome murder and it is not fit to grant bail to petitioner at this stage. The investigation has not been completed and some more witnesses are to be questioned. 4. On hearing both sides and on considering the serious nature of the allegations made and the nature of investigation, which is required, I am satisfied that if petitioner is granted bail, it is likely to affect the investigation adversely. Hence, I am not inclined to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs