IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5751 of 2011() ----------------------------- CRIME NO.341/2011 OF THAMARASSERY POLICE STATION PETITIONER/ACCUSED: --------------------------- MATHAI, S/O. ABRAHAM, AGED 80 YEARS, KOCHUMALA PUTHENPURAYIL, KAKKAD, PUTHUPADI AMSOM, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5751 of 2011 --------------------------- Dated this the 19th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.341 of 2011 of Thamarassery Police Station. 2. The offences alleged against the petitioner are under Sections 452 and 436 of the Indian Penal Code. 3. The de facto complainant is the wife of the petitioner. The petitioner is aged 78 years. The allegation is that he set fire to the house belonging to his wife. 4. The learned counsel for the petitioner submitted that the petitioner had extensive properties. He gave several items of properties to his children. The house was earmarked for the residence of the petitioner and his wife. On the instigation of one of the children of the petitioner, the wife of the petitioner BA 5751/2011 2 filed a complaint before the Magistrate under the Protection of Women from Domestic Violence Act. A restraint order was passed against the petitioner restraining the petitioner from entering into the room in which his wife is residing. Alleging that the petitioner violated the order, an application was filed under Section 31 of the Act before the learned Magistrate. The petitioner was arrested. Bail was granted in that case. The counsel submitted that the case is foisted against him. 5. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thamarassery, subject to the following conditions: BA 5751/2011 3 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) 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; 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 csl BA 5751/2011 4