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Prajeesh V.P. vs State Of Kerala on 21 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940

Bail Appl..No. 8676 of 2018

CRIME NO. 871/2018 OF Kodungallur Police Station, Thrissur
Revenue District

PETITIONER/ACCUSED:

PRAJEESH V.P., AGED 40 YEARS,
S/O.PRAKASHAN, VADASSERI, KANDAMKULAM P.O.,
METHALA.

BY ADV. SRI.A.S.DHEERAJ

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM-682 031.

BY SENIOR PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8676 of 2018

2

ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

2. The applicant herein is the 1 st accused in Crime No.871 of

2018 of the Kodungallur Police Station. In the aforesaid Crime, he is

accused of having committed offence punishable under Sections 498A

306 r/w Section 34 of the IPC.

3. The applicant had married one Renuka in the year 2016 and

they have a minor son, who is now aged one year. On 23.09.2018,

while the applicant was not at home, she entered the bathroom and

poured kerosene over her body and set herself ablaze. The mother of

the applicant was tending to the minor child. On hearing the cries of

her daughter-in-law, she made an attempt to save her. Renuka, the

applicant’s mother, and the child sustained burn injuries. Renuka

succumbed to the injuries immediately thereafter and her child died

due to infections while undergoing treatment. The mother of the

applicant is still in the Intensive Care Unit. Based on the information

furnished by the father of the deceased, a crime was initially

registered under Section 174 of the Cr.P.C.

Bail Appl..No. 8676 of 2018

3

4. In the statement furnished by the father of the deceased,

no specific instances of cruelty or harassment meted out to the

deceased by the applicant were mentioned. However, in the course of

investigation, the relatives of the deceased gave statement to the

police that the life of Renuka was miserable and the applicant and his

mother had ill-treated her by demanding dowry.

5. The learned counsel appearing for the applicant would

submit that the deceased was earlier married to some other man and

this was her second marriage. No sums of money was demanded or

accepted by the applicant. According to the learned counsel, the

deceased was residing with him for the past few years and except for

trivial bickering between the parties, there was no circumstance

warranting the deceased to take her own life. He contends that the

records would not reveal any wrongdoing on the part of the applicant.

He points out that there has to be a clear mens rea to commit an

offence and that there ought to be an active or direct act leading the

deceased to commit suicide. The learned counsel refers to the cases

reported in Sanju @ Sanjay Singh Sengar v. State of M.P. [2002

SCC (Crl) 1141], Dr.Krishnadas.P (Dr.) (Adv) v. State of Kerala

and Another (2017 (2) KLT 579) and Gurcharan Singh v. State of

Punjab (2016 (12) SCALE 414) to buttress his submissions.
Bail Appl..No. 8676 of 2018

4

6. Heard the learned Public Prosecutor and I have gone

through the case diary. The applicant was not at home when the

incident took place. The 2 nd accused is none other than the mother of

the applicant and she has also sustained serious injuries. Going

through the statement of the witnesses, except for vague allegations,

none of the near relatives have a case that the applicant or his mother

had subjected the deceased to cruelty and harassment and it was of

such a nature to drive the deceased to commit suicide. To attract an

offence under Section 306 of the IPC, there has to be a clear mens rea

to commit an offence and that there ought to be an active or direct act

leading the deceased to commit suicide. Having gone through the

materials on record, it does not appear to me that the custodial

interrogation of the applicant is necessary for an effective investigation

in the instant case.

In the result, this application will stand allowed. The applicant

shall appear before the Investigating Officer within ten days from

today and shall undergo interrogation. Thereafter, if he is proposed to

be arrested, he shall be released on bail on his executing a bond for

Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties

each for the like sum. However, the above order shall be subject to

the following conditions:

Bail Appl..No. 8676 of 2018

5

(i) The applicant shall co-operate with the investigation and
shall appear before the Investigating Officer on every
Saturdays between 9 A.M and 11 A.M. for a period of two
months or till final report is filed whichever is earlier.

ii) He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such
facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

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.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A TO JUDGE

avs

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