IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941
Bail Appl..No. 2104 of 2019
AGAINST THE ORDER IN CMP 858/2019 of JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVARA
AGED 25 YEARS
S/O. YESUDASAN, SAJU BHAVANAM,
MALI BHAGAM MURI, THEKKUMBHAGAM VILLAGE,
BY ADV. SRI.GEORGE SEBASTIAN
STATE OF KERALA
(STATION HOUSE OFFICER,THEKKUMBHAGAM POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA – 682 031
SRI.AMJED ALI, PUBLLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2104 of 2019 2
ALEXANDER THOMAS, J.
B.A.No.2104 of 2019
Dated this the 29th day of March, 2019
The applicant herein is the sole accused in Crime No. 234 of 2019 of
the Chavara Police Station, which has been registered for offences
punishable under Section 498A and Section 304B of the I.P.C.
2. The brief of the prosecution allegation is that the accused has
married the deceased on 05.04.2017. After one month of marriage, the
accused has begun to ill-treat her physically and mentally and demanded
about ` 10 lakhs dowry. When the ill treatment became unbearable, on
07.03.2019, Priyanka, the deceased, had set fire to her body after pouring
kerosene oil over her. As a result of this, she has succumbed to injuries on
07.03.2019 at about 5.15 p.m. . Thereby the accused is alleged to have
committed the above said offences.
3. The petitioner has been arrested on 09.03.2019. The counsel
for the petitioner would urge that based on the request of the investigating
officer, the court had allowed the petitioner to police custody to ensure his
custodial interrogation and that the investigation is almost completed and
there are no materials to connect the petitioner with the offences as per
Section 304B of the IPC.
Bail Appl..No. 2104 of 2019 3
4. The learned Public Prosecutor would point out that in the
statements given by the mother and father of the deceased to the police, it
is clearly stated that three days prior to the incident, Priyanka had told
them that he is constantly demanding dowry and behaving extremely cruel
manner and that she has subjected to frequent physical assaults and
further that the materials clearly discloses that the deceased has suffered
more than ninety per cent burns on her body. It is also submitted that the
investigation is not completed and more witnesses are yet to be questioned.
So it may not be right to release the petitioner on bail at this stage, more
particularly, as he is likely to influence the witnesses. It is also pointed out
by the learned Public Prosecutor that the petitioner was constantly
demanding dowry from his wife because he was unemployed.
5. After having heard both sides, this Court is of the considered
view that as the investigation process is not over and the allegations raised
against the petitioner are serious and grave, it is not right and proper to
accept the plea of the petitioner to release him on bail at this stage.
Accordingly, it is ordered that the bail application stands dismissed.