Jobish 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 first accused in Crime No.496/2022 of Upputhara Police Station, Idukki, alleging offences punishable under Sections 498A, 304B and 306 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused together physically and mentally harrassed the deceased, who was the wife of the first accused demanding dowry and on account of the physical and mental torture, she committed suicide on 09.09.2022 by hanging in the bedroom of their house and thereby committed the offences alleged.

Sri.T.A.Unnikrishnan, the learned counsel for the petitioner contended that the entire prosecution allegations are false. It was also submitted that the petitioner was arrested on 13.09.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, it would be prejudicial to the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 13.09.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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.

(e) Petitioner 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.