Indira.C vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are accused 1 and 2 in Crime No.720 of 2022 of Payyannur Police Station, Kannur District registered for the offences punishable under Sections 306 and 498A of the Indian Penal Code, 1860.

The prosecution case is that, the accused had physically and mentally harassed the deceased, who is the wife of the 2nd accused, as a result she committed suicide on 03.09.2022 and thereby petitioners committed the offence of abetment of suicide.

Sri.Rajesh Vijayan, the learned counsel for the petitioners, submitted that the prosecution allegations are false and that petitioners have no role in the suicide committed by the deceased. It was further submitted that even if the entire prosecution allegations are assumed to be true, still it would not make out an offence of abetment under Section 306 of IPC. The learned counsel further submitted petitioners having been arrested on 19.09.2022, the continued detention of the petitioners is not essential.

Sri.Sudheer G., the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations are serious in nature and that releasing them on bail at this juncture would cause prejudice to the investigation.

I have perused the case diary and have gone through the statement of the witnesses.

Though the incident alleged is serious in nature, I am of the view that the continued detention of the petitioners is not required in the circumstances of the case. Therefore, the petitioners are entitled to be released on bail.

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

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

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

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

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

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.