Hari R.S Krishna @ Kishore 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 accused in Crime No.1401/2022 of Chadayamangalam Police Station, Kollam District. The offences alleged against the petitioner are under Section 306 and 498A of the Indian Penal Code, 1860

According to the prosecution, on 20.09.2022 between 09.00 am and 02.45 pm the wife of the accused committed suicide by hanging at the matrimonial house within one year of her marriage and the accused abetted the suicide by subjecting her to mental torture and illegal demand of money and thereby committed the offences alleged.

Sri.T.S.Sarath, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. According to him, petitioner was abroad and had returned home only on 20.09.2022. It was further submitted that petitioner had not even seen the victim, immediately before her death as he was abroad. It was also submitted that, in any event petitioner having been arrested on 25.09.2022 the continued detention is not essential.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that the investigation is only at the initial stage. It was further submitted that releasing the petitioner on bail at this juncture would cause prejudice the investigation.

I have considered the rival contentions and have gone through the case diary. Though the allegations are serious in nature, I am of the view that since the petitioner has been in custody from 25.09.2022, the continued detention is not necessary.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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 and shall co-operate with the trial of the case.

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

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.