Sugathan R. vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.990 of 2022 of Poonthura Police Station, Thiruvananthapuram District, registered for the offences punishable under Sections 341, 294(b), 506, 306 r/w Section 34 of the Indian Penal Code, 1860.

The prosecution case is that, due to the continuous harassment meted out by the accused, the deceased committed suicide on 06.08.2022 on account of the said mental trauma and thereby petitioner committed the offence of abetment of suicide.

Sri.Rajesh, the learned counsel for the petitioner, submitted that the entire prosecution case is false and that the incident as alleged had never occurred. It was further submitted that the petitioner was arrested on 19.08.2022 and the continued detention ought not to be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that the allegations raised against the petitioner are serious in nature and also that a suicide note was recovered wherein specific statements have been made by the deceased pertaining to the role of the accused. It was further submitted that a complaint of harassment had been lodged by the deceased against the petitioner apart from a crime alleging an offence of rape, pending against him, based on a complaint lodged by the deceased herself. It was also submitted that the investigation is still continuing and that releasing the petitioner on bail at this juncture would prejudice the investigation.

I have considered the rival contentions and perused the statement of the witnesses. Admittedly the deceased had committed suicide on 06.08.2022 and the petitioner was arrested on 19.08.2022 and the suicide note written by the deceased allegedly indicates the role of the petitioner in the crime. Petitioner is also the accused in the offence of rape alleged to have been committed against the deceased herself. Despite the seriousness of the allegations against the petitioner, I am of the view that since petitioner has been in custody from 19.08.2022, further detention would not serve the purpose of investigation. However, considering the possibility of the petitioner influencing the witnesses, strict conditions can be imposed.

Accordingly, I allow this bail application on the following stringent conditions:

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not commit any similar offences while he is on bail.

(d) Petitioner shall not interact or contact any of the witnesses or the family members of the deceased.

(e) Petitioner shall not influence or tamper with the witnesses in Crime No.912/2022 of Poonthura Police Station until the conclusion of the trial in the said crime.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.