XXXXXXXXXX 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 accused in Crime No.458 of 2022 of Vagamon Police Station, Idukki District, registered for the offences punishable under Section 306 of the Indian Penal Code, 1860 and also under Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015.

The prosecution case is that, wife of the accused, with whom he frequently quarreled and assaulted, committed suicide on 12.07.2022 due to an illegal affair he maintained with another lady, and the accused abetted the said act and thus committed the offences alleged.

Sri.Biju C.Abraham, the learned counsel for the petitioner submitted that prosecution allegations are false and that the incident as alleged had never occurred. According to the counsel, the relationship between the petitioner and the deceased were very cordial, however, for reasons beyond his knowledge, she committed suicide. According to him, petitioner had never abetted the commission of suicide, and that he has been falsely roped into the crime as an accused. It was further submitted that, in any event, petitioner has been in custody since 01.11.2022, and therefore further detention ought not be permitted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations are serious in nature and therefore releasing the petitioner on bail would cause prejudice to the investigation.

Considering the rival contentions and having regard to the nature of allegations, since the petitioner was remanded to judicial custody on 01.11.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following 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 intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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

(e) 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.