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Crime No.284/2019 Of Alathur … vs By Adv. Sri.V.A.Johnson … on 11 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941

Bail Appl..No.8024 OF 2019

AGAINST THE ORDER IN Crl MC 3592/2019 DATED 26-10-2019 OF
SESSIONS COURT, PALAKKAD

CRIME NO.284/2019 OF Alathur Police Station , Palakkad

APPLICANT/ACCUSED NO.1:

BIJU
AGED 28 YEARS
S/O.KRISHNANKUTTY.P, MARUTHAKKODE VEEDU, ERIMAYUR-II,
KUNISSERY, PALAKKAD

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.11.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8024/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No. 8024 of 2019
———————————————-
Dated this the 11th day of November, 2019

ORDER

The petitioner herein has been arrayed as accused No.1 in the

instant Crime No.284/2019 of Alathur Police Station, Palakkad, which has

now been registered for offecnces punishable under Sections 306, 498A,

304B r/w. Sec.34 of the SectionIPC. The subject crime was initially registered

under Section 174 of Cr.P.C. on account of unnatural death/suicide

committed by the lady victim in this case, who is none other than the wife

of the petitioner. The Police, after investigation, has altered the offences

to those as the aforesaid Sections. The petitioner herein and his lover

have been arrayed as accused Nos.1 and 2.

2. The prosecution case in short is that the petitioner herein,

aged 28 years is the husband of the lady victim in this case, aged 21 years

and that during the subsistence of his marriage, the petitioner had

developed amorous and illicit affair with A2, who is aged 40 years and that

he had eloped with her. The deceased lady’s father’s version is that it is

only on account of the petitioner herein (A1) is eloped with A2 that the

victim has committed suicide. Further the learned Public Prosecutor

would point out that the victim has left her death note, wherein she has
B.A.No.8024/2019 3

stated that the reasons for committing suicide is on account of the incident

that the petitioner has eloped with A2.

3. The learned counsel for the petitioner would point out that

the above said allegations are false and baseless and further that there are

no allegations to support the charges of Section 304B, as there is no

allegation that the petitioner has demanded any dowry. Further the

allegations of cruelty are also not made out as far as Section 498A of the

IPC is concerned. The learned counsel for the petitioner has relied on

various decisions of the Apex Court and this Court and has pointed out

that none of the vital ingredients of the offence of abetment as per Section

107 of the IPC and the offence of abetment to commit suicide as per

Section 307 of the IPC are not made out in this case. It is argued that the

petitioner never had any amorous relationship with A2. Further that the

alleged existence of illicit affair of the victim’s husband with another lady

and the mere elopement of the husband with his lover etc. cannot be the

basis to contend that the accused persons did the act of elopement with

the mens rea to goad and instigate the victim to commit suicide. Further

it is also urged that the petitioner has already suffered detention in this

case for the last 74 days, this Court may order to release him on regular

bail subject to stringent conditions. It is also pointed out that A2 has

already been granted regular bail by the Sessions Court concerned on

16.10.2019. On being queried, the learned Public Prosecutor has

submitted that the investigation has been completed and the final
B.A.No.8024/2019 4

report/charge sheet has also been duly filed before the competent criminal

Court concerned.

4. After hearing both sides and after careful evaluation of the

facts and circumstances of the case and more particularly, taking into

account the fact that the petitioner has already suffered detention for the

last 74 days and the fact that A2 has already been released on regular bail

in this case and also taking into account the fact that the investigation

has already been completed and the final report/charge sheet has also

been filed before the competent criminal court etc., this Court is inclined

to take the view that further incarceration of the petitioner could be

avoided and he could be released on regular bail. Accordingly, it is

ordered in the interest of justice that the petitioner/accused shall be

released on bail on his executing a bond for Rs.40,000/- (Rupees Forty

Thousand only) and on his furnishing 2 solvent sureties for the like sum

each to the satisfaction of the competent court concerned. However, the

above order shall be subject to the following conditions:

(i). The petitioner will report before the Investigating
Officer concerned at any time between 10:00 a.m.
and 12:00 noon on every 2nd and 4th Saturdays for the
next 3 months. Thereafter the petitioner shall report
before the Investigating Officer as and when directed
by him.

(ii). The petitioner shall not intimidate or attempt to
influence the defacto complainant/victim, witnesses;
nor shall tamper with the evidence.

(iii). The petitioner shall not commit any similar offence
while on bail.

B.A.No.8024/2019 5

In case of violation of any of the above conditions, the Court below

concerned will stand hereby empowered to consider the application for

cancellation of bail, if required, and pass appropriate orders in accordance

with the law.

With these observations and directions, the above Application will

stand disposed of.

sd/-

ALEXANDER THOMAS, JUDGE

acd

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