Navas vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.450/2021 of Kilikolloor Police Station alleging commission of offences under Sections 306, 420 & 506(i)

of the Indian Penal Code.

The allegation against the petitioner is that he received substantial amounts from the father of the de facto complainant on the promise that he

would be made a partner in a Petrol Pump business being run by the petitioner and thereafter without giving any information or obtaining the consent

from the father of the de facto complainant, the petitioner transferred the business to a third party and did not repay the amounts invested by the

father of the de facto complainant, which resulted in the father of the de facto complainant being driven to suicide.

The learned counsel for the petitioner submits that even if the entire allegations are accepted as true there cannot be by any stretch of imagination

an allegation that the petitioner had abetted the suicide of the father of the de facto complainant. It is submitted that even assuming that there are

commercial disputes between the petitioner and the father of the de facto complainant, that by itself cannot be a ground to invoke Section 306 of the

Indian Penal Code. It is submitted that a civil dispute is being sought to be converted by misusing the machinery of criminal law. Finally, it is submitted

that the petitioner has been in custody from 10-12-2021 and his continued detention is not necessary for the purpose of investigation into the case.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor vehementally opposes the grant of bail application and submit that

the release of the petitioner may affect the progress of investigation and there is every chance the material witnesses may be influenced in the matter.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 10-12-2021, and

taking into account the nature of the allegations against the petitioner I am of the view that continued detention of the petitioner is not necessary for a

proper investigation into Crime No.450/2021 of Kilikolloor Police Station.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall appear before the Investigating officer in Crime No.450/2021 of Kilikolloor Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.450/2021 of

Kilikolloor Police Station;

 (iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.450/2021 of Kilikolloor Police Station may file an application

before the jurisdictional Court for cancellation of bail.