Naveen vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.3477/2020 of Thrissur Town East Police station, alleging commission of offences under Sections 354, 511,

376 and 306 of the Indan penal code.

Allegation against the petitioner is that his continuous harassment led to the death by suicide of one Deepa, wife of the de facto complainant, on

21.09.2020.

Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that though the

petitioner had a friendship with the deceased lady, there is nothing to suggest that he had abetted her suicide in any manner. It is submitted that though

on an earlier occasion, a refer report was prepared in the matter, on the directions of this Court in W.P.(C). No.15908/2021, the investigation of the

case was handed over to a Special Investigation Team. Thereafter the petitioner has been arrayed as an accused. It is submitted that the petitioner

was working abroad and that the petitioner and the husband of the deceased lady (de facto complainant herein) were close friends right from their

childhood. It is submitted that the petitioner co-operated with the investigation in every manner and though he was abroad in December, 2021, he had

appeared on a notice being issued by the investigating officer. It is submitted that it was thereafter that the arrest of the petitioner was recorded.

Learned Public Prosecutor would submit that the allegations against the petitioner are serious. It is submitted that even in the First Information

Statement given by the de facto complainant it was suggested that the deceased had some relationship with the petitioner. It is submitted that the

suicide note of the deceased had also suggested that the petitioner was responsible for her death. It is submitted that the petitioner's wife had herself

committed suicide and he had remarried again and that lady had also been divorced. It is submitted that the role of the petitioner in the death of the

deceased in this case is quite clear. It is submitted that the petitioner is not entitled to be released on bail as the investigation has not been completed.

It is submitted that there is every chance that the petitioner will influence the witnesses and interfere with the investigation, if he is released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner had co-operated with the investigation and had

appeared on notice from the investigating officer in the month of December 2021 (though he was abroad at that point of time) and also considering the

fact that the petitioner has been in custody from 10.12.2021 and taking into account the fact that his continued detention is not necessary for the

purpose of any investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this

application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.3477/2020 of Thrissur Town East Police station on every Saturday at 11 am until filing of final

report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.3477/2020 of

Thrissur Town East police station;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the said court within seven days of release on bail;

(v) 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.3477/2020 of Thrissur Town East police station may file an

application before the jurisdictional court, for cancellation of bail.