Sreejith @ Manikantan vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioners are accused 1 to 4 in Crime No.383 of 2021 of Vellarada Police Station registered for the offences punishable under Section 306

r/w Section 34 of the Indian Penal Code.

The prosecution case in brief is as follows :-The defacto complainant is the husband of the deceased. He was residing with his wife and children

near to the residence of these petitioners. On 18.02.2021 the defacto complainant along with his children had gone to attend a festival in a nearby

temple. While he was there in the temple at about 19.30 hours he got a call from one of his friends that one Biju is apprehended by the neighbours

near his residence. So he immediately rushed to his house. Before he reached there with his children, he got an information that his wife attempted to

commit suicide. Though she was rushed to the hospital her life could not be saved. After this incident, these petitioners

were booked for having abated that lady to commit suicide.

The learned counsel for the petitioners would submit that admittedly they are residing near to the house of the defacto complainant. The residential

house of the first petitioner is located in a property which is in an elevated position. One could enter into the terrace of the house of the defacto

complainant directly from his property. He had noticed one person frequently visiting the house of the defacto complainant by entering from his

property directly to the terrace of the defacto complainant. On that fateful day also at about 6.45 pm he happened to see that man. So as a neighbour

the first petitioner along with the other petitioners apprehended him and attempted to gather information from him. By that time they heard a hue and

cry from the residence of the deceased and then only they came to know that she had poured kerosene oil over his body and set ablaze. Though she

was rushed to the hospital unfortunately she died because of the gravity of the burn injuries. But these petitioners are totally innocent of the allegations

and they have absolutely no role in the unfortunate incident in which the wife of the defacto complainant had committed suicide. But they apprehend

unnecessary arrest and in order to avoid the same they have filed this application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. But the investigating agency has to gather

materials regarding the alleged incident and granting of pre-arrest bail will definitely hamper the smooth course of investigation.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

In fact, I could not find any materials to infer at this stage that custodial interrogation of the petitioners are absolutely inevitable to proceed with the

investigation of the case. It is true that these petitioners are neighbours of the defacto complainant but at this stage as the investigation is only in the

initial stage,I find it difficult to infer that they

had any role or participation in the unfortunate incident in which the wife of the defacto complainant had poured kerosene oil over her body and set

ablaze. But of course the investigating agency has to collect the details from the petitioners being the neighbours of the deceased. Therefore, I think

that this application can be disposed of directing the petitioner to surrender before the investigating officer on 14.07.2021 at 11.00 am. Upon such

surrender, after interrogation and recording their arrest, they shall be released on bail on the very same day subject to the following conditions :-

(i) The petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum

each to the satisfaction of the investigating officer.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) They shall co-operate with the investigation and trial of the case.

(iv) They 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 or tamper with the evidence.

(v) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.