IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
Bail Appl..No. 523 of 2019
CRIME NO. 757/2018 OF GURUVAYOOR POLICE STATION , THRISSUR
PETITIONER/1ST ACCUSED:
RASHEED
AGED 33 YEARS
S/O.IBRAHIM, KORAPPAM VEETIL HOUSE,
IRINGAPPURAM P.O., KATTUPADAM ROAD,
CHAVAKKAD TALUK – 680 506.
BY ADV. SRI.RAJIT
RESPONDENT/S:
SUB INSPECTOR OF POLICE
GURUVAYUR – 680 101.
SRI T R RENJITH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 523 of 2019 2
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicant herein is the 1 st accused in Crime No.757 of
2018 of the Guruvayur Police Station registered under Sections 498A
and 306 IPC.
3. On 15.12.2018, the wife of the applicant herein committed
suicide by hanging in the matrimonial home. Specific case of the
prosecution is that the applicant herein and his mother had subjected
the deceased to cruelty and harassment demanding dowry. They are
alleged to abetted the suicide of the lady.
4. The learned counsel appearing for the applicant submitted
that the applicant is innocent. According to the learned counsel, there
are no materials whatsoever, even of a prima facie nature, to establish
that the applicant or his mother had either an intention to aid or
instigate his wife to commit suicide. Finally, it is submitted that the
applicant has been in custody from 21.12.2018 and it is prayed that
he be granted bail.
Bail Appl..No. 523 of 2019 3
5. Heard the learned Public Prosecutor who strenuously
opposed the prayer. It is submitted that the applicant is a person with
criminal antecedents with involvement in not less than 4 crimes. He
would further urge that the father of the deceased in his statement
has clearly stated that even on the days prior to the commission of
suicide, the applicant herein subjected the lady to physical as well as
mental harassment.
6. I have considered the submissions advanced. It appears
from the case diary that the investigation has progressed to the final
stages. Though the applicant is a person having a propensity to
involve in crimes, he has not been found guilty by a court of law.
Furthermore, in view of the substantial progress achieved in the
investigation, his further detention in custody does not appear to be
necessary.
7. In the result, this application will stand allowed. The
applicant shall be released on bail on his 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. The above order shall be subject to the following
Bail Appl..No. 523 of 2019 4
conditions:
1). The applicant shall appear before the Investigating
Officer on every Saturdays between 9 am and 11 am, for a
period of three months or until the final report is filed
whichever is earlier.
2). He shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
3). He shall not commit any offence while he is 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
IAP
