The petitioner has been arrayed as the sole accused in the instant

crime No.220/2019 of Nilambur Police Station. The subject crime involved

in this regular bail application is crime No.220/2019 of Nilambur Police

Station. Initially, the offence alleged in the instant crime is the one as per

Section 307 of the IPC (attempted to commit murder). The prosecution

case is that on 5.6.2019 about 4 p.m., after wordy altercations between the

petitioner /accused and his wife which happened in their house, the

petitioner had poured diesel over the body of his wife and set her ablaze in

his rented quarters at Mukkatta, Nilambur. The petitioner’s wife was

immediately admitted to the hospital and she has given the FIS before the

Police and her FIS was recorded by the Police in the Hospital whereby she

has clearly stated that the petitioner/accused had poured diesel over her

body and set her on fire on 5.6.2019 at about 4 p.m. It is stated that the

petitioner was asked by his wife to purchase provisions for the day and he

had gone outside for purchase of provisions and when he came late, his

wife had question as to why he came so late and the petitioner on being

enraged at his wife questioning him, had poured diesel which has kept in

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the house, over her body and set fire. Accordingly, on the basis of he said

information conveyed by the victim that the instant crime No.22/2019 of

Nilambur Police Station has been registered on 5.6.2019 at 7.20 p.m.,

wherein the offence alleged therein is one as per Section 307 of the IPC.

Initially, the petitioner’s wife was admitted in Government District

Hospital, Nilambur whereby the FIS was taken and later she was shifted

and admitted to the Government Medical College, Kozhikode on the next

day (6.6.2019). The petitioner was arrested on 6.6.2019 in connection with

the involvement in the above said crime and he was remanded to the

judicial custody by the orders of the Judicial Magistrate Court concerned.

Despite the best treatment given to the lady, she died on 13.06.2019 at

Government Medical College Hospital, Kozhikode. Thereupon, the Police

has altered the offence in the instant crime as the one as per Section 302 of

the IPC.

2.

Sri. George Mathew, the learned counsel appearing for the

petitioner/accused would strongly urge that even going by the admitted

prosecution allegations, it can be seen that the vital ingredients to

constitute the offence of Section 302 IPC are absent in this case. Further

that no such incident as alleged in the FIS has taken place and that on an

earlier occasion also, the deceased had attempted to commit suicide. This

was informed to her relatives also. That a male child aged 1½ years has

been born to the couple in their wedlock and that there is none to take care

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of him. Further that, the petitioner has been under judicial custody since

6.6.2019 and therefore his continued detention is no longer necessary. In

the light of these aspects, it is urged by the petitioner’s counsel that the

petitioner may be ordered to release on regular bail subject to stringent

conditions.

3.

Per contra, Sri.S.Sajju, the learned Prosecutor appearing for the

respondent State, would strongly oppose the plea for grant of regular bail.

The learned Prosecutor would urge that going by the specific allegations in

the FIS, the petitioner/accused had poured diesel over the body of his wife

and set her at a place and later, in the process of hospitalization and

treatment, she had succumbed to death on 13.6.2019. In the light of these

aspects, the petitioner has to be attributed with the mensrea that his highly

dangerous action of pouring diesel over the body of the deceased and

setting her on fire is likely to cause death and that the allegations in the

instant crime are very serious and grave and that there is also possibility of

the petitioner to influence the witnesses etc. and this Court may not grant

regular bail to the petitioner.

4.

After hearing both sides, this Court is constrained to take the

view that