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

(attempt 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

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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 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.

Sri.George Mathew, the learned counsel appearing for the

petitioner/accused would strongly urge that even going by the

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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 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. Sri.Geroge Mathew, learned counsel for the

petitioner would urge that now there is none to look after the only

child of the petitioner born in his wedlock with the deceased wife

and the child is aged 1 ½ years, etc.

2.

Per contra, the learned Prosecutor would point out that

immediately after the incident, the Police authorities had taken

steps to inform the Child Welfare Committee and thereafter, the

child is under the custodial care and protection of the Child

Welfare Committee, Malappuram. Further the learned counsel for

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the petitioner would point out that none of the allegations would

disclose the offence as per Sec.302 of the I.P.C in this case and that

at any rate, continued detention of the petitioner is not necessary.

Those aspects have already been dealt with by this Court in Anx-A2

order rendered by this Court on 25.7.2019 in the previous bail

application, B.A.No.5289/2