IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY ,THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
Bail Appl..No. 83 of 2019
CRIME NO. 65/2006 OF KOLAVALLUR POLICE STATION, KANNUR
AGED 50 YEARS
S/O.ABDULLA MOULAVI, SELF EMPLOYED,
RESIDING AT THEEPARAMBATH HOUSE, KOLAVALLOOR AMSOM,
POST CHERUPARAMBA-670693, KANNUR DISTRICT, KERALA.
STATE(SHO KOLAVALLOOR POLICE STATION)
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 83 of 2019 2
This application is filed under Section 438 of the Code of Criminal
2. On 2.09.2006 a complaint was lodged before the
Kolavalloor Police Station by a near relative of one Sabira, the wife of
the applicant herein, that she had died otherwise than under normal
circumstances in her matrimonial home. A Crime was initially
registered under Section 174 of the Cr.P.C.
3. In the course of investigation, it was revealed that the
relationship between the spouses was strained and that it was a case
of suicide. Alleging that the applicant had abetted the commission of
suicide of his wife, report was submitted adding Section 498A and
Section 306 of the IPC. The autopsy report revealed that his wife had
died of cyanide poisoning. Investigation was then taken over by the
Deputy Superintendent of Police, Thalassery. The applicant herein was
arrested on 30.8.2006 and he was later released on bail on 20.9.2006
by the Court of Session, Thalassery. The investigation was completed
Bail Appl..No. 83 of 2019 3
and final report was laid before the Chief Judicial Magistrate,
Thalassery on 8.4.2008 under Sections 498A and 306 of the IPC. The
case was later committed to the Court of Session and was numbered
as S.C.No.798 of 2008 by the Court of Sessions, Thalassery.
4. The family members of the deceased was not satisfied with
the investigation as they were certain that it was a case of murder.
Based on his application, further investigation was ordered by the
court below. This went on for some time and various officers
conducted the investigation. However, the result was the same. Finally,
a report was submitted before the court of Session on 22.7.2014
incorporating the very same offences.
5. The father of the deceased then approached this Court and
sought for an impartial investigation. This Court by judgment dated
6.4.2016, ordered to constitute a Special Investigation Team to
conduct further investigation in the said Crime. The said team
concluded that it was a case of murder. According to the team of
officers, the petitioner had inserted a cyanide capsule in a fruit and he
had offered it to his wife causing her death. A fresh final report was
laid incorporating section 302 of the IPC.
Bail Appl..No. 83 of 2019 4
6. The learned counsel appearing for the applicant contended
that the applicant was questioned by the officers all through as he was
on bail pursuant to the orders passed by the learned Sessions Judge in
the year 2006. According to the learned counsel, he is totally innocent
and the report that it was a case of murder was submitted after more
than a decade. As the final report has been laid under section 302 of
the IPC, the learned Magistrate before whom the report has been laid
expressed his opinion that he was powerless to grant bail. In view of
the above, he approached the Court of Session seeking an order of
pre-arrest bail which was rejected. According to the learned counsel
no purpose would be served in detaining the petitioner and prays that
necessary orders be issued.
7. Heard the learned Public Prosecutor who submitted that the
final report has been laid on 6.2.2018. He submits that the state has
no serious objection in passing appropriate orders as his custody is not
required for any purpose.
8. In view of the above, I direct the applicant to surrender before
the committal Magistrate and seek bail. It is made clear that the
remand of the applicant may not be required in the instant case as he
Bail Appl..No. 83 of 2019 5
is on bail in the subject crime and the final report has already been
laid. I direct the learned Magistrate to consider his bail application on
the same day itself and pass appropriate orders.
This application is disposed of.
RAJA VIJAYARAGHAVAN V