Binu vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 2960 of 2021 of Kattakada Police Station, Thiruvananthapuram, registered under Sections 304B and 498A of IPC.

The prosecution allegation is that, between 09.00 pm and 10.00 pm on 16.12.2021, wife of the petitioner committed suicide by hanging at the house of the petitioner. The marriage between the petitioner, and the deceased was on 25.04.2019, and she committed suicide within seven years of their marriage, unable to bear the mental and physical cruelties meted out to her by the petitioner, on demand of money and other valuables.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, initially FIR was registered under Section 174 of Cr.P.C for unnatural death. Subsequently, mother of the deceased approached this Court, and obtained order in Crl.M.C. No. 2300 of 2022, by which Dy.S.P. Kattakkada was directed to reopen the investigation, and to hand it over to another officer in the rank of Circle Inspector of Police to conduct proper investigation. Accordingly, investigation was conducted, and the FIR was altered into Sections 304B and 498A of IPC. The petitioner is in judicial custody from 29.02.2024 onwards. Investigation is practically over, and so, his continued detention is not necessary for the purpose of investigation. He is ready to abide by any conditions imposed by this Court.

Learned Public Prosecutor, on instructions, would submit that, the investigation is over, and final report is ready.

So, this Court is of the view that continued detention of the petitioner is not necessary for the purpose of investigation. No other criminal antecedents are reported against the petitioner.

In such circumstances, this Court is inclined to allow this bail application, on the following terms:-

i. The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

ii. Thereafter, the petitioner shall report before the Investigating Officer on alternate Saturdays at 10.00 am starting from 30.03.2024, for a period of three months, or till the final report is filed which ever is earlier.

iii. The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

iv. The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect.

v. The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

vi. The petitioner shall not commit any offences while on bail.

vii. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.