IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2017/22ND BHADRA, 1939
Bail Appl..No. 6249 of 2017 ()
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CRIME NO. 2104/2017 OF THIRUVALLA POLICE STATION, PATHANAMTITTA
PETITIONER(S)/1ST ACCUSED:
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RENJITH
AGED 35 YEARS, S/O.RAVEENDRAN, AMMETHUPALLATHU HOUSE,
THALAYAR MURI, KUTTOOR VILLAGE, THIRUVALLA.
BY ADV. SRI.T.P.PRADEEP
RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE
THIRUVALLA-689101.
PATHANAMTHITTA DISTRICT
R1 R2 BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
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B.A No.6249 of 2017
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Dated this the 13th September, 2017
O R D E R
The petitioner herein is the 1st accused in Crime
No.2104/2017 of the Thiruvalla Police Station registered
under Sections 498A and 306 read with 34 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 Sessions
Judge, Pathanamthitta on 26.8.2017 The petitioner has
been in judicial custody since 30.7.2017.
2. This crime relates to the commission of suicide
by the petitioner’s wife Reshma on 30.7.2017. She was
married by the petitioner in May, 2015, and a small child
born in the wedlock is now with the petitioner’s mother.
The prosecution allegation is that Reshma had been
subjected to mental and physical harassment by the
husband and the mother-in-law, and that she committed
suicide when she felt the acts of cruelty unbearable. The
court below has already granted bail to the mother-in-law.
The F.I Statement given by the father of the deceased
B.A No.6249 of 2017
2
shows that there had not been any dispute between the
parties as regards dowry or ornaments.
3. 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.
4. On hearing both sides, and on a perusal of the
materials including the case diary and the report of the
investigating officer, 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
B.A No.6249 of 2017
3
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 Circle
Inspector of Police, Ranni between 10.00 am and 11 am on
all Tuesdays for a period of two months.
b. The petitioner shall not enter the limits of the
Thiruvalla 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.
Forward a copy of this order to the Circle Inspector of
Police, Ranni who will report compliance of the conditions,
directly to the court below.
Sd/-
P.UBAID
JUDGE
ma
/True copy/
P.S to Judge