Aneesh Mohan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.636 of 2022 of Pooyappally Police Station, Kollam Rural. The said crime has been registered alleging offences under section 306 of the Indian Penal Code, 1860.

According to the prosecution, a young girl of 22 years, who was already betrothed to the petitioner, committed suicide on 27.04.2022 and the petitioner is alleged to have abetted the suicide thereby committing the offences alleged against him.

Sri.K.P.Satheesan, learned Senior Counsel instructed by Adv.K.Sudhinkumar contended that the marriage of the petitioner with the deceased was fixed and an engagement ceremony was held on 17.02.2022. The learned Senior Counsel further contended that merely because the deceased committed suicide, the same by itself cannot amount to the commission of an offence by the petitioner. It was also submitted that the petitioner was arrested on 01.07.2022 and that the interrogation has been completed and hence no purpose will be served by continuing the petitioner under detention.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that petitioner has abetted the suicide of his fiancee and that releasing the petitioner on bail would prejidice the investigation.

By order dated 30.06.2022, this Court had considered the case of the petitioner for anticipatory bail and had rejected the same. Pursuant to the said order, petitioner surrendered on 01.07.2022 and has been in custody since then. Considering the nature of the allegations and the circumstances arising in the case, I am of the view that continued detention of the petitioner is not warranted.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(iv) Petitioner shall not commit any similar offence while he is on bail.

(v) If the petitioner intends to leave the country, intimation shall be given about his place of residence as well as the places of visit in the countries abroad to the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.