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Subash vs State Of Kerala on 8 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.M.BABU

MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

Bail Appl..No. 1088 of 2019

CRIME NO. 10/2019 OF Sreekrishnapuram Police Station , Palakkad

PETITIONER/S:

SUBASH
AGED 34 YEARS
S/O AYYAPPAN, KARAGATHIL HOUSE, VETTEKKARA POST,
KATTAMBAZHIPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.P.V.VIBIN

RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.

OTHER PRESENT:
SRI.B.JAYASURYA , SENIOR PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No. 1088 of 2019

ORDER

Petitioner seeks anticipatory bail under Sec.438 of Cr.P.C.

He is the first accused in crime no.10/2019 of Sreekrishnapuram

police station in Palakkad district. He and his mother allegedly

committed offences punishable under Secs 306 and 498A of IPC.

2. Heard Sri.P.V.Vibin, the learned counsel for the

petitioner and Sri.B.Jayasurya, the learned senior public

prosecutor.

3. A lady by name Greeshma committed suicide by

hanging herself. She did it on 8.1.2019. She was the wife of the

petitioner and the daughter-in-law of the second accused. The

prosecution contends that the accused persons had abetted the

victim to commit suicide and had harassed her demanding dowry.

Annexe-A1 is the copy of the FI statement. It was given by the

brother of Greeshma. It is stated therein that she never had any

complaint against her husband and family members. It is also

stated that Greeshma was a splenetic and that she might have

committed suicide in anger with someone. In view of the FI

statement, the learned counsel for the petitioner submits that the

petitioner should be granted anticipatory bail. The recitals in the

FI statement cannot be brushed aside. Custodial interrogation

does not appear to be necessary in the present case. But the

petitioner shall co-operate with the investigation and shall submit

himself for interrogation as and when required by the
3
Bail Appl..No. 1088 of 2019

investigating officer. I allow the application in the facts and

circumstances of the case.

4. The application is allowed. If arrested in connection

with crime no.10/2019 of Sreekrishnapuram police station, the

petitioner shall be released on bail, after interrogation, if any, on

his executing a bond for Rs 75,000/- (seventy five thousand only)

with two solvent sureties each for the like sum to the satisfaction

of the investigating officer. The petitioner shall co-operate with

the investigation. He shall make himself available for interrogation

if so required by the investigating officer. The petitioner shall

report to the investigating officer between 10 am and 11 am on

every Thursday for a period of two months or till the filing of the

final report, whichever is earlier. The petitioner shall not intimidate

or attempt to influence witnesses. Nor shall he destroy or tamper

with evidence. The court/magistrate having jurisdiction is hereby

empowered to cancel the bail in accordance with law if any of the

conditions aforementioned is violated. If the petitioner surrenders

before the magistrate, this order will cease to have effect and the

learned magistrate will pass appropriate orders as if this order has

not been passed.

Sd/-

A.M.BABU

SKS/8.4.2019 JUDGE

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