Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.971/2014 of the Pothencode Police Station, Thiruvananthapuram registered for the offence punishable under Section 306 of the Indian Penal Code.
3. The petitioner enticed deceased Saritha @ Salini who is the wife of another person. The petitioner has got a legally wedded wife and two children. As he had entered in frequent sexual relationship with deceased Saritha, his wife and children departed him. For the last 1½ years, he had been residing with the deceased. Subsequently, the petitioner wanted to bring back is wife and children and thereby he used to inflict severe tortures on the deceased.
The deceased was being severely beaten up. It seems that the petitioner is a habitual drunkard. It is alleged that he has abetted the commission of suicide by the deceased and thereby she committed suicide by hanging. The petitioner has been in custody for the period from 01.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, 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 court below, 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 Thursdays and Mondays commencing from 18.12.2014 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.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge