Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE1T DAY OF JANUARY201411TH POUSHA, 1935 Bail Appl..No. 8772 of 2013 () ------------------------------------------ (CRIME NO. 37/2013 OF ALAPPUZHA NORTH POLICE STATION) ..................... PETITIONER/ACCUSED : ----------------------------------- ADARSH.S., AGED20YEARS, S/O. SUDARSHANAN, RESIDING AT THADATHIL VADAKETHIL, WARD NO. 18, THODIYOOR PANCHAYATH, KOLLAM DISTRICT. BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT/COMPLAINANT : --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DISTRICT (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) PIN-688001. BY PUBLIC PROSECUTOR SMT. P.MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0101-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vs P.BHAVADASAN, J.
--------------------------------------- Bail Application No.8772 OF2013--------------------------------------- Dated this the 1st day of January, 2014. ORDER
In respect of an incident which took place on 04.01.2013 whereby a lady aged 18 years committed suicide, the petitioner was later implicated as accused for having committed the offences punishable under Sections 306 and 420 IPC. The allegation was that he had managed to obtain the gold ornaments of the lady and sell the same and when she asked for the same, he failed to return.
2. The petitioner would say that he is innocent. According to him, he and the victim were in love and their relationship was not to the liking of the parents of the girl and he has been falsely implicated. At any rate, it is pointed out that he has been in custody from 30.11.2013 onwards and his continued custody is unnecessary.
3. Learned Public Prosecutor opposed the petition. She only pointed out that the investigation is at an infant stage. B.A.No.8772/2013 2 4. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, though the claim of the petitioner that he is totally innocent as of now cannot be countenanced, there seems to be some force in the submission that his continued custody is unnecessary. The fact remains that the petitioner has been in custody from 30.11.2013 onwards and a good part of the investigation must have been completed by now. Initially crime was registered for unnatural death when the victim committed suicide on 05.01.2013. Considering the facts and circumstances of the case, this application is allowed on the following conditions: i) The petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and B.A.No.8772/2013 3 10 a.m until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.