Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.963/2014 of the Iritty Police Station, Kannur registered for the offence punishable under Section 302 of the Indian Penal Code.
3. The allegation against the petitioner is one of uxoricide. In order to have his continued illicit sexual relationship with another woman and as the deceased wife had traced out the details of such illegal relationship of the petitioner, the petitioner wanted to do away with the
almost severing her neck and deliberately caused the death of his wife. The petitioner has been in custody for the period from 09.08.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. The investigation of this case is over, and the final report has already been filed on 31.10.2014 and the matter is presently pending as C.P.No.90/2014 before the Judicial First Class Magistrate's Court, Mattannur. No criminal antecedents have been reported against the petitioner. When the investigation is over and final report has been filed, the continued detention of the petitioner in custody is not required for any purpose at all. Having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 1.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-
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