Saji M C vs State Of Kerala And Anr

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the accused in crime No. 339/2020 of Sreekrishnapuram Police Station, Palakkad District. The above case is registered against the

petitioner alleging offences punishable under Sections 306 and 498A IPC.

The prosecution case is that, the wife of the petitioner committed suicide on 04.08.2020 by hanging in the bedroom of the house of the petitioner at

Pallundassery. Initially, the case was registered under Section 174 Cr.P.C. Later, on investigation the offences under Sections 306 and 498A IPC is

also added. The allegation is that, the gold ornaments of the deceased was taken by the husband and sold it without the permission of the victim.

Therefore, she wrote a suicide note and committed suicide.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that, even if the entire allegations against the petitioner are accepted, the offences under Sections

306 and 498A IPC is not made out prima facie. The learned counsel for the petitioner submitted that, the contents in the suicide note will not attract

the offences under Sections 306 and 498A IPC. The learned counsel for the petitioner also submitted that, there was some family disputes between

the petitioner and his wife. The allegation is that, the husband took the gold ornaments of his wife. The submission of the counsel is that, that will not

attract the offences under Sections 306 and 498A IPC. The other allegation to the effect that, the deceased should come back to the house of the

petitioner on the same day when she go to her house will not attract the offences under Sections 306 and 498A IPC. The learned counsel submitted

that, the petitioner is ready to abide any conditions, if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor made available the suicide note of the deceased. The

learned Public Prosecutor submitted that, if this Court is granting bail stringent conditions may be imposed.

After hearing both sides, I think this bail application can be allowed on stringent conditions. It is a fact that, the wife of the petitioner committed

suicide. But whether any criminal offence is made out in the facts and circumstances of the case is a matter to be investigated by the Investigating

Officer. A suicide note is already recovered. In such circumstance, according to me, the custodial interrogation of the petitioner may not be

necessary. I do not want to make any observations about the merit of the case. Whether an offences under Section 306 and 498A IPC is made out in

the facts and circumstances of the case is a matter to be to be investigated by the Investigating Officer. Considering the entire facts and circumstance

of the case, I think this bail application can be allowed on stringent conditions.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.

Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v.

Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing 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 officer concerned;

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer;

The petitioner shall not leave India without permission of the Court;

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.