IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3825 of 2010()
1. SUNEESH @ RAJESH, S/O.SREEDHARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/07/2010
O R D E R
K.HEMA, J.
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Bail Application No.3825 of 2010
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Dated 9th July, 2010.
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 302 and
397 of the Indian Penal Code. According to prosecution, the
deceased, who is aged 40 years and petitioner, who is aged 30
years were in love with each other. The deceased was a widow
and her daughter was married off. The petitioner told her that
they would live together, and took her under that pretext, from
Thiruvananthapuram to Varkala by train. From there, she was
taken to a lodge. Thereafter, he told that they would shift to a
rented house and wanted her to accompany him to see the house.
They went on a motor bike and on reaching a remote place, he
stopped the vehicle and asked the deceased to hand over the
gold ornaments for pledging, in order to raise money for giving
advance rent for the house. When she refused, she was asked to
go in front of him to see the house. Petitioner had carried
kerosene in his hand and poured it on her from behind and set fire
to her and took away the gold ornaments, which were kept in a
BA NO.3825/10 2
bag, and thereby committed the offences. The incident happened
on 19.4.2010 and the deceased died in the hospital on 29.4.2010.
3. Learned counsel for petitioner submitted that
petitioner was arrested on 21.4.2010 and he is in custody for the
past 79 days. This petition is strongly opposed. Learned Public
Prosecutor submitted that this is a case of gruesome murder and
it is not fit to grant bail to petitioner at this stage. The
investigation has not been completed and some more witnesses
are to be questioned.
4. On hearing both sides and on considering the
serious nature of the allegations made and the nature of
investigation, which is required, I am satisfied that if petitioner is
granted bail, it is likely to affect the investigation adversely.
Hence, I am not inclined to grant bail to petitioner at this stage.
Petition is dismissed.
K.HEMA, JUDGE.
tgs