Francis Linson vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the accused in Crime No.1695 of 2022 of Palluruthy Police Station, Ernakulam District. The offences alleged against the petitioner are punishable under Section 498A of the Indian Penal Code,1860.

According to the prosecution, petitioner had physically and mentally treated his wife with cruelty and thereby committed the offences alleged.

Sri.T.P.Santhosh Kumar, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that incident as alleged had not occurred. It was also submitted that petitioner's wife had committed suicide by setting herself on fire by pouring kerosene and that though she succumbed to the injuries only after one month she had not uttered a word against the petitioner. It was further pointed out that complaint has been now lodged at the behest of petitioner’s own daughter, who is under a misunderstanding and petitioner is totally innocent. It was also pointed out that petitioner was arrested on 17-12-2022 and has been in custody since then.

Smt. M.K.Pushpalatha, the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious and continued detention of the petitioner is essential. It was also submitted that if the petitioner is released on bail there is every chance that he may interfere or intimidate the witnesses

I have considered the rival contentions.

Having regard to the nature of the allegations which indicates offence under Section 498A of the IPC, I am of the view that the continued detention of the petitioner is not essential especially since he was arrested on 17-12-2022.

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

(a) 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.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

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.