IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8687 of 2011 CRIME NO.567 OF 2011 OF MANJESHWAR POLICE STATION, KASARAGOD. PETITIONER/ACCUSED -------------------------------------- MISIRIYA @ RAHMAN MISIRIYA AGED 36 YEARS W/O. ABDUL RAHMAN, R/AT RENTED QUARTERS MAFSA THIVIM, GOA, (D/O. LATE SEETHIKUNHI, MARIYUMMA MANZIL, BLARKODE, ERIYAL, KUDLU VILLAGE, KASARAGOD DISTRICT.) BY ADV. SRI.N.M.JAMES RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY S.H.O. MANJESHWAR POLICE STATION, KASARAGOD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8687 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 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 accused in Crime No.567 of 2011 of Manjeshwar Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 307 and 302 of the Indian Penal Code. The case was originally registered under Section 307 of the Indian Penal Code. Later, on the death of one of the victims, Section 302 was added. 3. The petitioner is the first wife of one Abdul Rahiman. There are two children in that wedlock. Abdul Rahiman married the deceased and they were residing within the jurisdiction of Manjeshwar Police Station. The petitioner is residing in Goa. The allegation is that on 7.8.2011 at about 6 A.M., the accused poured an inflammable liquid on the body of the deceased and her husband, as a result of which, the deceased and her husband sustained burn BAIL APPL. NO.8687 OF 2011 :: 2 :: injuries. The deceased succumbed to the burn injuries on 15.8.2011. It is alleged that the accused had, on an earlier occasion, made threat to the deceased that she would not be permitted to live with Abdul Rahiman. Another crime was registered against the petitioner for having made such a threat. 4. The deceased was pregnant by seven months at the time of death. The investigation is not complete. In spite of the fact that the petitioner is a woman, I am not inclined to grant bail to the petitioner as on today. However, since she was arrested on 16.8.2011, I am of the view that bail can be granted to the petitioner with effect from 15.11.2011. 5. The petitioner shall be released on bail only on 15.11.2011 on her executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kasaragod, 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, till the final report is filed or until further orders; BAIL APPL. NO.8687 OF 2011 :: 3 :: 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 ahz/