IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7483 of 2011() ----------------------------- CRIME NO. 238/2010 OF ULIKKAL POLICE STATION PETITIONER/ACCUSED : --------------------- JAMES KAVALIYAN, VAYATHUR AMSOM DESOM, ULIKKAL P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, ULIKKAL POLICE STATION-670 051. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7483 of 2011 ---------------------------------------------- Dated this the 23rd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Sessions Case No.308 of 2011 on the file of the court of the Additional Sessions Judge (Ad hoc-I), Thalassery (Crime No.238 of 2010 of Ulikkal Police Station, Kannur District). 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 26/07/2010, with an intention to kill his wife, the petitioner poured kerosene on her body and ignited. The daughter of the petitioner was available in the house. The petitioner locked her in a room before committing murder, in order to prevent the daughter from rescuing the victim. The wife of the petitioner sustained 80% burns and she succumbed to the burn injury on 27/07/2010. 4. The petitioner was arrested on 29/07/2010 and he is in judicial custody since then. Bail Appln.No.7483/2011 : 2 : 5. The learned Public Prosecutor submitted that the main witness in the case is the daughter of the petitioner and if the petitioner is released on bail, there is every chance of the witnesses being intimidated, harassed and influenced. 6. The learned Counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the court in the matter of granting bail. 7. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner on very stringent conditions. 8. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Additional Sessions Judge (Ad hoc-I), Thalassery, subject to the following conditions: A) The petitioner shall surrender his Passport before the Court of the Additional Sessions Judge (Ad hoc-I), Thalassery. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before Court. Bail Appln.No.7483/2011 : 3 : B) The petitioner shall not enter into the limits of Ulikkal Police Station, till the trial of the case is over. 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 skj