IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4362 of 2008() ----------------------------- CMP.2847/2008 of J.M.F.C.-I,ATTINGAL CRIME NO. 132/2008 OF POTHENCODE POLICE STATION PETITIOENR : ACCUSED NO.1 ----------------- SAJANLAL, S/O.SOMAN, LALSIL, KAVUVILA, MANNARA WARD, ANDOORKKONAM VILLAGE THIRUVANANTHAPURAM BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS: COMPLAINANT: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE, KAZHAKKOTTAM POLICE STATION, THIRUVANANTHAPURAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4362 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 498(A), 302 read with section 34 IPC. According to the prosecution, on 22-5-2008 at about 5 p.m. petitioner allegedly set fire to his wife who by herself had poured kerosene over the body, following some quarrel. She was allegedly harassed by the petitioner while the couple were living together. On a complaint lodged by the mother of the deceased Saritha, a crime was registered against the petitioner and his mother. 3. Learned counsel for the petitioner submitted that this is a clear case of suicide and that the petitioner had attempted to save the life of the deceased when he found that she had set fire to herself. He had sustained burn injuries in the course of the same. It happened only following a petty quarrel between them on the spur of a moment. Relatives of the deceased Saritha were convinced about what has transpired and hence the petitioner's son aged 1 ½ years was handed over to petitioner's brother on 24-6-2008 and the child is in the custody of petitioner's relatives. Unless the relatives of the deceased Saritha are satisfied that the petitioner is innocent, it is -2- highly unlikely that the child will be handed over to the petitioner's family, it is submitted. A copy of the receipt relating to the child is also produced for perusal. Learned counsel for the petitioner submitted that original of the receipt is kept with the Circle Inspector of Police. 4. In the above circumstances, learned counsel for the petitioner submitted that he has no objection in granting bail. 5. Hence, the petitioner is granted bail on the following terms and conditions:- 1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) The petitioner shall appear before the Investigating Officer on every Saturday between 10 a.m. and 1 p.m. until further orders. 3) The petitioner shall not intimidate or influence any witness or tamper with any evidence while on bail and in breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.