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Judgment
16 paragraphs · 375 wordsBECHU KURIAN THOMAS, J
Bechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the first accused in Crime No.318/2022 of Vellamunda Police Station, Wayanad District. The offences alleged against the petitioner are under Sections 451, 306 r/w Section 34 of the Indian Penal Code, 1860.
According to the prosecution, on 03.07.2022, the deceased poured Kerosene over her body, at the instigation of the petitioner and the other accused, and set her ablaze and thereby committed the offences alleged.
Sri.P.K.Varghese, learned Counsel for the petitioner contended that the prosecution allegations are false and that petitioner has no role in the suicide committed by the deceased. It was further submitted that petitioner was arrested on 16.11.2022 and that the continued detention is not essential.
Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the prosecution allegations are serious in nature, requiring continued detention. Learned Public Prosecutor further submitted that, if the petitioner is released on bail, it would cause prejudice to the investigation.
I have considered the rival contentions.
Having regard to the nature of allegations and also the period of detention already undergone by the petitioner, I am of the view that further detention is not essential for the purpose of investigation.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.