IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940
Bail Appl..No. 7837 of 2018
CRIME NO. 245/2018 OF THALAPUZHA POLICE STATION, WAYANAD
PETITIONER/ACCUSED :
SANOOP, AGED 32 YEARS,
S/O.THULASEEDAS, MUTTANIYIL HOUSE,
VIMALANAGAR.P.O., MANANTHAVADY, WAYANAD.
BY ADV. SRI.V.SHYAM
RESPONDENT:
STATE OF KERALA,
(REP. BY S.I.OF POLICE, THALAPUZHA POLICE STATION),
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM).
BY SRI. B. JAYASURYA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7837 of 2018 2
ORDER
This application is filed under § 439 of the Cr.P.C.
2. The applicant herein is the accused in Crime No.245 of 2018
of the Thalapuzha Police Station. He now faces allegations of having
committed offence under Sections 498A and 306 of the IPC.
3. The wife of the applicant committed suicide on 3.10.2018
while she was residing with the applicant herein. Initially, the case
was registered under Section 174 of the Cr.P.C. at the instance of the
mother of the deceased. In the course of investigation, some
allegations of physical as well as mental harassment were levelled
against the applicant.
4. The learned counsel appearing for the applicant submitted
that the applicant is innocent. According to the learned counsel, the
parties were residing happily and they had two children. The
allegation of physical as well as mental harassment is without any
basis is the submission. He further submitted that the applicant was
Bail Appl..No. 7837 of 2018 3
arrested on 15.10.2018 and the investigation having progressed
substantially, he be released on bail.
5. The learned Public Prosecutor has opposed the prayer. He
has made available the case diary, which contains the suicide note of
the deceased.
6. I have considered the submissions advanced and have
perused the case diary and also the suicide note. Having gone
through the records and having considered the progress achieved in
the investigation, I am inclined to enlarge the applicant on bail.
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
conditions:
1). The applicant shall appear before the Investigating
Officer on all Saturdays between 10 a.m. and 1.00 p.m.,
for 2 months or till final report is filed, whichever is
earlier.
Bail Appl..No. 7837 of 2018 4
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.
4). He shall not leave India without the permission of
the Court and if having passport, shall deposit the same
before the Trial Court within a week; If release of the
passport is required at a later period, he shall be at
liberty to move appropriate application before the Court
having jurisdiction.
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
DSV/-
//TRUE COPY// P.A. TO JUDGE
