Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE15H DAY OF OCTOBER201423RD ASWINA, 1936 Bail Appl..No. 7323 of 2014 () ------------------------------- AGAINST THE ORDER
/JUDGMENT
IN CRMC28612014 of D.C & SESSIONS COURT, PALAKKAD DATED2509-2014 CRIME NO. 774/2014 OF PATTAMBI POLICE STATION , PALAKKAD PETITIONER(S)/ACCUSED: ---------------------- LINJITH, AGED24YEARS S/O.SUBRAMANIAN, NADUVILETHIL HOUSE, PERUMUDIYOOR POST PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S)/COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SRI DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1510-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ALEXANDER THOMAS, J.
========================= B.A.No.7323 of 2014 ============================ Dated this the 15th day of October, 2014 ORDER
Petitioner is the sole accused in Crime No.774 of 2014 of Pattambi Police Station, Palakkad district registered for offence under Section 306 of Indian Penal Code.
2. The gist of the allegations raised against the petitioner is that the deceased girl, who was a minor, committed suicide and it is alleged that she was in love with the petitioner herein and thereafter she committed suicide.
3. Sri.Sunil Jacob Jose, the learned counsel for the petitioner, would submit that the petitioner is no way connected with the commission of any offence as alleged in the aforementioned crime and that the minor girl would have reached the age of majority by the end of October, 2014. Sri. Sunil Jacob Jose would also submit that there is not even an iota or piece of material with the investigating agency to connect the petitioner in any manner with the commission of the alleged offence, except the allegation that the petitioner was in love with the aforementioned 17 year old deceased girl. B.A No.7323 of 2014 2 4. On a careful assessment of the facts and circumstances of this case, this Court is inclined to take a view that anticipatory bail can be granted to the petitioner with sufficient and necessary safeguards to protect the interest of the prosecution.
7. Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.774 of 2014 of Pattambi Police Station, Palakkad district, he shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer in the aforementioned crime, and subject to the following conditions: i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT712, notwithstanding the aforementioned conditions imposed by this Court. B.A No.7323 of 2014 3 ii) The petitioner shall report before the Investigating Officer in Crime No.774 of 2014 of Pattambi Police Station, Palakkad district between 10 a.m and 11 a.m on every alternate Sundays till such period as may be required by the Investigating Officer. iii) The petitioner shall not involve in any criminal offence of similar nature. iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever. v) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him. If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner shall stand cancelled. Sd/- ALEXANDER THOMAS, JUDGE. Vdv //True Copy// P.A to Judge