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Saju Yesudasan vs State Of Kerala on 29 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

SAJU YESUDASAN
AGED 25 YEARS
S/O. YESUDASAN, SAJU BHAVANAM,
MALI BHAGAM MURI, THEKKUMBHAGAM VILLAGE,
CHAVARA, KOLLAM

BY ADV. SRI.GEORGE SEBASTIAN

RESPONDENT/COMPLAINANT:
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

ORDER

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.

Sd/-

ALEXANDER THOMAS
JUDGE
sru

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