Bail can be granted even in serious offenses if conditions ensure witness protection and public interest is safeguarded.

ORDER

1.These petitions are filed under Section 439 of the Code of Criminal Procedure .

2.The petitioners herein are the accused Nos.1 and 2 in Crime No.340 of 2017 of the Payyavoor Police Station and they are accused of having committed offences under Sections 449 and 302 r/w Sec. 34 of the IPC.

3.The 2nd accused is the wife of late Sri.Babu Thonipparayil, and she is the mother of three children. She is alleged to have developed an illicit relationship with the 1st accused, who is an auto rickshaw driver. Some how the other, this came to the notice of Babu. He reprimanded his wife and picked up quarrels with the 1st accused. He later abandoned his employment and started monitoring the activities of his wife. It is alleged that the accused Nos.1 & 2 entered into a conspiracy to do away with the aforesaid Babu. In pursuance to the same, the 2nd accused administered some stupefying drug to Babu and thereafter, invited the 1st accused to her house. The 1st accused is alleged to have strangulated Babu using a bath towel causing his death. Initially, the Crime was registered under Sec.174 of the Cr.P.C as it was made to appear that he had suffered a cardiac arrest. After autopsy, the involvement of the accused Nos.1 and 2 came to light. They were arrayed as the accused and after completion of investigating, the final report has been laid before the court having jurisdiction.

4.The learned counsel appearing for the petitioners forcefully submitted that the evidence collected by the prosecution against the petitioner are vague. The chemical analysis certificate would not reveal that Babu was administered any stupefying drug. According to the learned counsel, the petitioners have a valid defense to raise and highlighting their period of incarceration, it is prayed that they may now be released.

5.The learned Public Prosecutor while opposing the prayer submitted that the petitioners were having an illicit relationship and when they found that the deceased was a hindrance, he was done away with in a most brutal manner.

Scientific evidence clearly proves the complicity of the petitioners, according to the learned Public Prosecutor. It is also submitted that the petitioners may influence the witnesses and tamper with the evidence if they are released on bail.

6.I have considered the submissions advanced and have gone through the case diary. There is no direct evidence in the instant case and the case rests on circumstances. The final report has been laid before the court. I have given my anxious considerations to the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction would entail, the character and antecedents of the petitioners, the possibility of securing the presence of the petitioners at the trial and the reasonable apprehension of the witnesses being tampered with. I have also taken note of the larger interests of the public. I am of the considered view that the petitioners can now be enlarged on bail by imposing stringent conditions, so that the apprehension of the prosecution can be alleviated.

7.In the result, this petition will stand allowed. Each of the petitioners shall be released on bail on their executing a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the folowing conditions:

1). The petitioners shall appear before the Investigating Officer on all Mondays, Wednesdays and Saturdays between 10 a.m. And 1.00 p.m., for 2 months or till final report is filed, whichever is earlier.

2). The 1st petitioner shall not enter the limits of Kannur district until the trial is over. 3). The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

4). The petitioners shall not commit any offence while he is on bail.

5). The petitioners shall not leave the country without the permission of the concern