Kishor Kumar U vs State Of Kerala

Application for regular bail.

Petitioner is the sole accused in Crime No. 1547 of 2020 of Kayamkulam Police Station registered for the offence punishable under Section 306 of

Indian Penal Code.

The petitioner has been in custody since 17.12.2020.

The prosecution allegation is that a girl aged 21 years had committed suicide at her residence at Kayamkulam village between 11 p.m. on

19.10.2020 and 9.15 a.m. on 20.10.2020. On investigation, it was revealed that this petitioner has instigated her to commit suicide and thereby he has

committed the aforesaid offences.

The learned counsel for the petitioner would submit that infact this petitioner is aged only 24 years. The marriage of the petitioner as well the

deceased was fixed by both the parties as they were in love. But the girl committed suicide for some reason unknown to this petitioner. He had never

abetted to commit suicide and to his information it was only because of some mental agony, and he has nothing to do with the alleged offence. Even

then he is undergoing incarceration for the last more than two months. Hence, he requests for his release on bail.

The learned Public Prosecutor has opposed the application and submitted that this petitioner who is having acquaintance with the deceased sent to

the defacto complainant some of her obscene photographs and that has caused much mental agony and harassment to her and thus he has abetted her

to commit suicide.

On hearing the learned Public Prosecutor as well the learned counsel for the petitioner, I find a prima facie case against the petitioner. But this

petitioner is only 24 years and he is undergoing incarceration for the last more than two months. Now the investigation of the case is practically over.

It is not discernible from the records that his further detention is required for the investigating agency to file the final report. Therefore, considering the

period of detention undergone by him in judicial custody, the present stage of investigation, as well the fact that he has no criminal antecedents, I am

inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the

like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the

investigation of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.