Reji K vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicants 1 and 2 are the accused Nos.1 and 2 in Crime No.318/2022 of Sreekrishnapuram Police Station.

The 2nd applicant is the mother of the 1st applicant. The 1st and 2nd applicants, the wife of the 1st applicant, namely Lakshmi, along with their child were residing in the house belonging to the 1st applicant. On 01.12.2022, the wife of the 1st applicant, Lakshmi committed suicide by consuming poison. Crime was registered by Sreekrishnapuram Police as Crime No.318/2022 under Section 174 of Cr.P.C. During investigation, it was found that, the deceased committed suicide on account of the continuous torture by the applicants. It was further found that the applicants abetted the commission of suicide. Accordingly, the applicants 1 and 2 were arrayed as accused and offences under Sections 498 A and 306 were incorporated.

I have heard Sri. Basil Chandy Vavachan, the learned counsel for the applicants and Smt. Maya M.N., the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

I have gone through the F.I.S. as well as the statement of witnesses recored by the Police. In the statement of the witnesses, there are clear allegations against the 1st applicant. The daughter of the 1st applicant and one of his neighbours gave statement that the 1st applicant used to physically and mentally harass the deceased.  Thus, there are prima facie materials to connect the 1st  applicant with the crime. However, there are no specific allegations against the 2nd  applicant.  The main allegation against the 2nd applicant is that, she failed to take the deceased to the hospital in time.

Considering the allegations levelled against the 2nd applicant, her custodial interrogation does not appear to be necessary.

For these reasons, I am of the view that, the pre-arrest bail can be granted to the 2nd applicant.

In the result, the application is allowed in part on the following conditions:-

(i) The 2nd applicant shall be released on bail in the event of her arrest on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The 2nd applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The 2nd applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

(iv) The 2nd applicant shall not commit any offence of a like nature while on bail.

(v) The 2nd applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The 2nd applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

The prayer for pre-arrest bail sought for by the 1st applicant is rejected.