Sarath Chakravarthi vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.877/2016 of Neyyattinkara Police Station, Thiruvananthapuram District, which was registered alleging commission of offences under Section 306 of the Indian Penal Code.

The allegation against the petitioner is that owing to continuous harassment on the part of the petitioner, a girl by name Saranya committed suicide on 29.5.2016 by hanging herself in her house. The matter was originally investigated by the local Police and thereafter, the case was transferred to the CBCID, Thiruvananthapuram. Following investigation, it was revealed that the deceased had committed suicide while on a phone call with the petitioner herein. The said phone call was came to be recorded on the mobile phone of the deceased. After sending the voice sample for forensic analysis, it was determined that the petitioner had spoken to the deceased at the relevant time. It is thereafter that the petitioner has been arrayed as an accused in the matter.

The learned counsel for the petitioner submits that the petitioner had acquaintance with the aforesaid Saranya, who was a BDS Student. It is submitted that the petitioner was not responsible, in any manner, for the death of Saranya and that he had not instigated her to commit suicide. It is submitted that the petitioner has been in custody for 41 days and that his continued detention is not necessary for the purposes of any investigation.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the telephone conversation of the petitioner with the deceased Saranya is almost simultaneous with the death of Saranya and this clearly reveals that the petitioner had instigated Saranya to commit suicide. It is submitted that very rarely does the prosecution get such clear evidence of abetment of suicide and this is one such case. It is submitted that the conversation of the petitioner with the deceased Saranya which has been recovered by the Police clearly indicates that the petitioner had committed the offence alleged against him.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 41 days, I am of the opinion that the petitioner can be granted bail subject to conditions. I am convinced that the continued detention of the petitioner may not be necessary for the purposes of any investigation.

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 report before the Investigating officer in Crime No. 877/2016 of Neyyattinkara 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 any witness in Crime No. 877/2016 of Neyyattinkara 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.877/2016 of Neyyattinkara Police Station may file an application before the jurisdictional Court for cancellation of bail.