IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941
BAIL APPL.NO.5476 OF 2019
CRIME NO.431/2019 OF FEROKE POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED NO.1:
PRADEESH KUMAR, AGED 48 YEARS,
S/O.CHINNAN, PARAYIL HOUSE,
THADAYAPARAMBA, VAIDHYARANGADI,
RAMANATTUKARA, KOZHIKODE DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS/STATE COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI,PIN-682031.
2 THE SUB INSPECTOR OF POLICE,
FEROKE POLICE STATION, KOZHIKKODE DISTRICT,
PIN-673631.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
———————————–
B.A. No. 5476 of 2019
———————————–
Dated this the 20th day of September, 2019
ORDER
The petitioner herein has been arrayed as accused No.1
among the 6 accused in the instant Crime No.431/2019 of Feroke
Police Station,which has been registered for offences punishable
under Secs.498A, 306 34 of the SectionIPC on 1.6.2019. The said crime
was initially registered as Crime No.106/2019 of Vazhakkad Police
Station, under Sec.174 of the SectionCr.P.C. on account of the unnatural
death of victim lady who is the wife of the petitioner (A-1).
The Police after investigation has added the offences as per
Secs.498A 306 of the SectionIPC, and the petitioner and 5 others have
been arrayed as the 6 accused persons in the crime. Later the said
crime was transferred to Feroke Police Station, wherein it was
registered as Crime No.431/2019, as stated above.
2. The prosecution case in short is that, after the marriage
of the abovesaid spouses, the accused persons have treated the
victim lady with cruelty and harassment, and that they demanded
more dowry, and that they misappropriated her gold ornaments, etc
and it is on account of their cruelty and harassment, the lady
B.A. No. 5476 of 2019
..3..
committed suicide on 27.4.2019. Accused Nos. 2 to 6 are the mother,
sister, sister’s husband and the two daughters of A3 A4
respectively. Accused Nos. 2 to 6 have already been granted
anticipatory bail in this crime as per Anx.A order dated 16.7.2019 in
B.A. No.4811/2019.
3. The main material on the basis of which prosecution
places reliance in support of the allegations for inclusion of offence as
per Sec.306 of the SectionIPC (abetment to commit suicide) is a diary said to
have written by the deceased lady. The case of prosecution is that,
lady had used one of the diary book which was earlier used by her
son to make her diary entries, and after her death, the minor son had
handed over the said diary to her parents, who in turn had produced
it before the Investigating Officer concerned. The learned Prosecutor
has made available a photocopy of the said diary for the perusal of
this Court.
4. Sri.Babu S.Nair, learned counsel appearing for the
petitioner would point out the various rulings of the Apex Court and
various High Courts including this Court regarding the legal
parameters laid down therein in respect to the vital ingredients
to be satisfied for attracting the offence of abetment as per Sec.107 of
B.A. No. 5476 of 2019
..4..
the SectionIPC and the offence of abetment to commit suicide as per Sec.306
of the SectionIPC, by citing decisions as in SectionSanju Alias Sanjay Singh
Sengar v. State of M.P. [2002 SCC (Cri) 1141
(2002) 5 SCC 371], Krishnadas P. (Dr.) (Adv.) v. State of
Kerala and Another [2017 (2) KLT 579], SectionGurcharan
Singh v. State of Punjab [2016 (12) SCALE 414] and
SectionHarikrishnan and Another v. State of Kerala and
Another [2019 (3) KHC 437]. On the basis of said rulings,
counsel for the petitioner would urge that no materials have been
collected by the investigating agency, to even remotely connect the
petitioner and other accused that they have in any manner
instigated the suicide of the deceased lady.
5. Accused Nos. 2 to 6 have already been granted
anticipatory bail in this crime as per Anx.A order dated 16.7.2019 in
B.A. No.4811/2019. After hearing both sides and after careful
evaluation of the facts and circumstances of the case, more
particularly testing the facts of the case in the light of the abovesaid
judicial precedents, this Court is inclined to take the view that the
petitioner has made out a strong probable case that his custodial
B.A. No. 5476 of 2019
..5..
interrogation is not necessary for effectuating smooth and fair
conduct of investigation in this case. However, the petitioner will
have to fully co-operate in the investigation process. Accordingly the
following directions and orders are passed.
i. The petitioner will immediately personally appear before the
Investigating Officer(I.O.) in relation to this crime for interrogation
purposes at any rate by 9 am on any day on or before 3.10.2019, or
within such time limit that may be extended by the I.O. as he deems fit
and proper.
ii. The petitioner will fully co-operate with the Investigating Officer in
the conduct of the above interrogation process.
iii. If the investigation process is not over on a single day, it will
be open to the Investigating Officer to insist that the
petitioner should appear on the next available working day
or any other suitable day that may be fixed by him, which the
petitioner will comply.
iv. After the interrogation process is over, in case the
Investigating Officer arrests the petitioner in relation to the
abovesaid crime, then he shall be released on bail on executing
bond for Rs.40,000/- and on furnishing two solvent sureties
for the like sum, each to the satisfaction of the Investigating Officer
concerned.
6. Further it is also ordered that the grant of bail will be
subject to following conditions:-
i. The petitioner shall not involve in any criminal offences of
similar nature.
B.A. No. 5476 of 2019
..6..
ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the Investigating Officer as
and when required in that connection.
iv. The petitioner shall not influence witness or shall not tamper
or attempt to tamper evidence in any manner, whatsoever.
If there is any violation of the abovesaid conditions by the
petitioner then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.
With these observations and directions, the above Bail
Application will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG