Kannan Nair 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.

Petitioner is the accused in Crime No.1376/2022 of Chadayamangalam Police Station, Kollam, alleging offences punishable under Section 306 of Indian Penal Code, 1860.

According to the prosecution, the wife of the accused committed suicide on 15.09.2022 and the accused abetted the said act and thereby committed the offence alleged.

Shri.S.Rajeev, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. He further submitted that petitioner has been in custody since 19.09.2022 and that considering the period of detention already undergone, petitioner ought to be released on bail.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious, and if the petitioner is released on bail, prejudice would be caused to the investigation, especially since the final report has not yet been filed.

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 19.09.2022, 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 or contact the victim or her family members.

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.