IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Bail Appl..No. 4184 of 2010() ----------------------------- CRMP.2307/2010 of DISTRICT COURT, PALAKKAD .................... (CRIME NO.487/10 OF OTTAPPALAM POLICE STATION) PETITIONER (S):/ACCUSED -------------------------------------- SASI @ SASIKUMAR, S/O.SANKARANARAYANAN, IRANGPURATH VEEDU, MANAGALAM, LAKKIDI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, OTTAPALAM DISTRICT. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4184 OF 2010 ----------------------------------- Dated this the 14th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 449 and 302 IPC. According to prosecution, petitioner trespassed into house of deceased, Savithri and committed murder by setting fire to her after pouring Kerosene on her, following a quarrel between them from the house of the deceased. The incident happened at about 3 pm. The deceased died on the next day at about 2 pm from the hospital. 3. Learned counsel for petitioner submitted that petitioner was arrested on 5.5.2010 and he is in custody for the past 71 days. It is also submitted that as per the first information statement given by the deceased's father on the next day, at about 8.30 am it was a case of suicide. It is now alleged that the son of deceased, who is aged 13 years, who was present at the time of incident had seen the incident and he had also stated about the incident to his grandmother and another person, B.A. No.4184/10 2 Sundaran. But it is only on 3.5.2010, after two days of the incident that for the first time that petitioner is implicated in the offence. It is highly unlikely that if there was an eyewitness to the occurrence, the father of the deceased still state in the FIS that his daughter died as a result of suicide, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that father of deceased had not gone to the hospital, but he went to police station straight from his house and he would not have known that it is a murder. That may the reason why he stated that it was a suicide. It is submitted that as per the case diary, the boy aged 13 years, who is the son of deceased had seen the incident. On the way to the hospital, the deceased had told her sister-in -law also that petitioner had set fire to the deceased. There is ample evidence to show that petitioner committed the offence. It appears from case diary that petitioner and deceased has some illicit intimacy and they had a quarrel on the date of occurrence and he had committed murder. 5. Heard both sides. I have perused the case diary. It is seen from case diary that deceased's son is an eyewitness to the occurrence. According to him, immediately on seeing the murder he told his immediate neighbour, one Sundaran who is also a B.A. No.4184/10 3 relative and his grandmother that petitioner had set fire to his mother. Both of them came to the scene and they have no case that the deceased told them anything about the accused to them. According to the first informant, he had also gone to the house of deceased along with his son on knowing that she had burn injuries. He asked the son to go to hospital and he went back home. On the next day, she died at about 2 am at the hospital. It is after about 6-7 hrs of the death that he went to the police station and given statement. He had sufficient time to collect information about the incident prior to lodging of FIS. But, his case was that it was a case of suicide. In the above circumstances, I find that bail can be granted to petitioner and hence the following order is passed: 1) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions: i) Petitioner shall report before the B.A. No.4184/10 4 investigating officer on every Monday and Thursday between 10 AM and 1 PM. ii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of condition no 1. iii) Petitioners shall not influence or intimidate the witnesses or tamper with evidence. This petition is allowed. K. HEMA, JUDGE. Sou.