Baiju vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 211 of 2024 of Chalakkudy Police Station, Thrissur, registered under Sections 326A, 201, and 307 of IPC.

The prosecution allegation is that, on 18.02.2024 at about 11.30 pm the petitioner intending to commit murder of his wife, poured thinner on her body, and set fire causing serious burn injuries, which would have become fatal.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application stating that, it is a case where the petitioner/husband tried to commit murder of the de facto complainant/wife by setting fire after pouring thinner on her body.

Learned counsel for the petitioner would submit that, in fact, the de faco complainant poured thinner on herself, and on the body of the petitioner, and set fire, and the petitioner had a narrow escape. But later, she forged a false complaint against him alleging that, he attempted to kill her by fire. Investigation is over, and the final report has been filed. So, there is no need for his continued custody. He is ready to abide by any conditions imposed by this Court.

Learned Public Prosecutor, on instructions, submitted that the de facto complainant is having three children, and she is living with her children in her matrimonial home, and if the petitioner is released on bail, there is every chance for him to reach that house to do away with her. Since investigation is over, and the final report has been filed, and the incident is revolving around the family dispute between the petitioner, and the de facto complainant, this Court is inclined to allow this bail application, but on stringent conditions to ensure the safety and security of the de facto complainant and her children.

In the result, the bail application is allowed on the following conditions:-

i. The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate.

ii. Thereafter, the petitioner shall report before the SHO, Chalakkudy police station on alternate Saturdays between 10.00 am and 11.00 am starting from 01.06.2024, for a period of six months.

iii. The petitioner shall not enter the limits of Chalakkudy police station except for the purpose of reporting before the SHO, or for attending the court till the trial is over.

iv. The petitioner shall not contact the victim or her children except under the orders of the jurisdictional family court, and shall not cause any kind of harassment to them either directly or indirectly.

v. The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

vi. The petitioner has to surrender his passport before the trial court at the time of executing the bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

vii. The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

viii. The petitioner shall not commit any offences while on bail.

ix. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.