IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1586 of 2010() ----------------------------- CMP.1455/2010 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.98/2010 OF VIZHINJAM POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- CHANDRAN, AGED 38, S/O.BABU, PULLOORKONAM TOWNSHIP COLONY, VIZHINJAM DESOM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.RIJA K.R RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1586 of 2010 ------------------------------------ Dated this the 18th 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.98/2010 of Vizhinjam Police Station. 2. The offences alleged against the petitioner are under Sections 306 and 498 A of the Indian Penal Code. 3. The prosecution case is that on 13/2/2010, the wife of the petitioner committed suicide by pouring kerosene on her body and igniting. The allegation is that she committed suicide on account of the cruelty meted out by the petitioner towards her. The wife of the petitioner died on 14/2/2010, as a result of the burn injuries sustained by her. 4. The petitioner was arrested on 21/2/2010 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner has two children, one boy and a girl aged six years and three years. If the petitioner is detained further, it would affect the care and protection of the children. B.A. No. 1586 / 2010 2 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara 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 two months and thereafter on 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. B.A. No. 1586 / 2010 3 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 scm