Sebastian Lopez vs State Of Kerala

M.R.Anitha, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.892/2021 of Ernaklulam North Police Station, which is registered under Sections 452, 308 IPC.

Prosecution case is that on 04.07.2021 at about 05.00 hours the petitioner criminally trespassed into the house of the defacto complainant and attempted to set her ablaze by dousing petrol on the body of the defacto complainant. She escaped by dodging from getting burnt. The reason for the assault is said to be his enmity with the victim who retracted from her love affair with the petitioner.

When the case came up for hearing, the learned counsel for the petitioner submitted that the petitioner has been arrested on 04.07.2021 and he has been in custody since 05.07.2021.

The learned Public Prosecutor on instruction submitted that Final Report has not yet been filed.

The offence alleged against the petitioner is under Sections 452 and 308 IPC and hence the petitioner is entitled for statutory bail as per 2nd proviso to Section 167(2) Cr.P.C.

In the said facts and circumstances of the case, I am inclined to grant bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall report before the investigating officer on every Monday and Friday between 9.00 a.m and 11.00 a.m for three months or until the Final Report is filed, whichever is earlier.

(iii) Petitioner shall not enter into the limits of the Panchayat where the defacto complainant and the family is residing, until further orders except for the compliance of condition No.(ii).

(iv) The petitioner shall surrender his passport before the trial court within ten days from the date of his release on bail and in case he does not have any passport, he shall file an affidavit to that effect.

(v)  The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(vi) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.