Ramesh Kumar vs State of Kerala

S.S. Satheesachandran, J.—Petitioner is the accused in Crime No. 171/2013 of Kazhakuttom Police Station, the investigation of which is now being continued for offences punishable u/s 498A and 306 IPC. He has filed the above application seeking his enlargement for bail u/s 439 of the Code of Criminal Procedure, for short the Code. Uchitha, wife of petitioner, committed suicide by hanging at about 10.30 a.m. on 17.2.2013 in the bed room of her matrimonial home. She was then carrying with one month pregnancy. Initially the crime was registered over her unnatural death u/s 174 of the Code of Criminal Procedure and, later, it is stated, the offence under sections 498A read with section 34 IPC was incorporated on allegation that her husband, his mother and another close relative harassed and inflicted cruelty on her to drive her to commit suicide. Further investigation, it is stated, led to proceeding against the petitioner as the sole accused for the offence punishable u/s 498A and 306 IPC. He was arrested on 3.6.2013 and, on production before the Magistrate, was remanded to judicial custody, which still continues.

Petitioner is stated to be a gulf returnee and on his return employed as a Carpenter. His marriage with Uchitha was outcome of a love affair. Since they belonged to different communities and, further, the girl was educated having a M.Phil degree, there were some differences of opinion over the marriage by their families. On the fateful day, in the morning Uchitha went over to a temple and soon after her return she committed suicide. Petitioner, it is alleged, had taken exception to her going to temple and that led to her committing suicide is the allegation to proceed against him for the offence stated supra. Learned counsel for petitioner submits that after she conceived she visited an astrologer and, then, he informed her that the child will have some deformity. That disturbed her a lot and, finally, that drove her to commit suicide, is the submission of counsel. Petitioner has no role in the suicide committed by wife and he is prepared to abide by any condition for his release on bail is the further submission of the counsel. Investigation is still continuing and witnesses connected with the crime are close relatives of petitioner and also victim, is the submission of learned Public Prosecutor to contend that his release at this stage will not be conducive to justice. In case petitioner is released on bail adequate conditions be imposed to safeguard the investigation of crime is the further submission of learned Public Prosecutor.

After hearing the submissions made counsel on both sides and having regard to the facts and circumstances presented in the case, I find continued detention of petitioner is not essential for smooth completion of investigation of the crime. Period of detention already undergone has necessarily to be taken into account in considering his entitlement for bail. Petitioner can be released on bail at this stage imposing adequate conditions safeguarding the investigation of the crime. Petitioner is directed to be released on bail subject to satisfaction of the following conditions.

1) Petitioner shall execute a bond for Rs. 20,000/-with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate-II, Attingal.

2) He shall report before the investigating officer once in a week on every Monday at a time between 10 a.m. and 11 a.m. for a period of three weeks or till completion of investigation of crime, whichever is earlier.

3) He shall surrender his passport before the Magistrate, within one week from the date of his release, and, if not in possession of passport, then file an affidavit stating so within the such period.

4) He shall not influence or induce any of the witnesses connected with the crime so as to dissuade them from speaking the true facts connected with the crime before the police or the court, as the case may be, and nor shall he do any act or make any attempt to obliterate the evidence of the crime.

5) Petitioner shall not leave the State for a period of six moths or till completion of investigation of crime, whichever is earlier, without getting prior permission in writing from the investigating officer.