SUJATHMON K.P @ SUJATH vs STATE OF KERALA

The petitioner herein is the 1st accused in Crime

No.224 of 2017 of the Bekal Police Station registered under

Sections 498A and 306 of the Indian Penal Code. He seeks

regular bail under Section 439 of the Code of Criminal

Procedure. The application filed by him for regular bail was

dismissed by the learned Judicial First Class Magistrate-II,

Hosdurg on 18.8.2017 The petitioner has been in judicial

custody since 18.8.2017.

This crime relates to the commission of suicide

by the petitioner''s wife Preena. She was married by the

petitioner on 21.4.2015 and she committed suicide on

10.4.2017. The prosecution would allege that she had been

mentally and physically ill-treated by her husband and the

parents-in-law, and Preena committed suicide when she felt

the acts of cruelty unbearable.

On a perusal of the entire materials including the

statements given by the parents of the deceased, I find

nothing definite against the petitioner. The F.I Statement

given by the paternal uncle of the deceased does not

contain any allegation against the petitioner or his parents.

It appears that the prosecution is mainly on the statements

given by the parents of the deceased. Their statements are

also practically against the parents-in-law of the deceased,

and not against the husband of the deceased. The parents

of the deceased are consistent that she was not allowed by

her parents-in-law to live at the matrimonial home

peacefully and happily. If at all that statement is true and

acceptable, the prosecution case must be against the

parents-in-law, and not against the husband.

This application for regular bail is opposed by the

learned Public Prosecutor on the ground that investigation is

still in progress, and that if the accused is now released, he

will definitely obstruct the investigation.

On hearing both sides, I find that investigation in

this case is practically over, and that the petitioner can be

now released on appropriate conditions. I find that the

Investigating Officer has already questioned the material

witnesses, and has collected the necessary materials for a

prosecution. I do not find the necessity of continued

detention of the petitioner in custody. However, some reasonable conditions for bail are felt necessary in the

particular facts and circumstances.

In the result, this application for bail is allowed. The

petitioner will be released on bail on his executing a bond

with two solvent sureties for 50,000/-(Rupees Fifty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioner shall report before the

Investigating Officer between 10.00 am and 11 am on all

Tuesdays for a period of two months.

b. The petitioner shall not leave the limits of the

Bekal Police Station for two months.

c. The petitioner shall not in any manner influence

or intimidate the witnesses and he shall not have any

contact with the material witnesses directly or over

telephone or otherwise.