Mukesh Vijayan 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.1355/2022 of Pathanapuram Police Station, Kollam, alleging offences punishable under Sections 306, 376 and 420 of the Indian Penal Code, 1860.

According to the prosecution, on 30.10.2022, the daughter of the defacto complainant committed suicide and during the course of investigation, it was revealed that she committed suicide at the instigation of the petitioner who had also sexually abused her and thereby committed the offences alleged.

Sri.Nirmal V.Nair, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 15.12.2022 and has been in custody since then. It was also submitted that having regard to the nature of allegations, no purpose would be served by continuing detention.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that the victim had written a suicide note specifying the name of the petitioner as having sexually abused her and as the person responsible for her death. It was further submitted that if the petitioner is released on bail at this juncture, there is every chance of him interfering with the investigation.

I have considered the rival contentions and have also perused the case diary.

Petitioner is alleged to have committed the offence of abetment of suicide of the daughter of the defacto complainant. The deceased had written a note mentioning the name of the petitioner as the person who had sexually abused her and as the person who is responsible for her death.

Though the allegations against the petitioner are serious in nature, considering the period of detention already undergone and also bearing in mind the ingredients of abetment, I am of the view that further detention of the petitioner is not essential.

Accordingly, I allow this application 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.