Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE13H DAY OF OCTOBER201421ST ASWINA, 1936 Bail Appl.No.6370 of 2014 (A) ------------------------------- C.M.P.NO.7030/2014 of J.M.F.C.-I, KOTTARAKKARA CRIME NO.1544/2014 OF KOTTARAKKARA POLICE STATION, KOLLAM PETITIONER/ACCUSED: -------------------------- VIJAYAN, AGED47YEARS, S/O.RAVEENDRAN, VIJI BHAVAN, UGRAM KUNNU MADATHIYARA MURI, VETTIKAVALA VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT/COMPLAINANT: --------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682031.
2. THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT - 691 516. R1 & R2 BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1310- 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ALEXANDER THOMAS, J.
----------------------------- B.A No.6370 Of 2014 --------------------------------- Dated this the 13th day of October, 2014. ORDER
The petitioner is implicated as the sole accused in Crime No.1544/2014 of Kottarakkara Police Station, Kollam District registered for the offence punishable under Section 306 IPC. The version of the prosecution is that on the night of 11.8.2014, the petitioner mentally and physically harassed and attacked his wife Lalitha and had abetted her to commit suicide that due to the frequent ill-treatment of the petitioner, his wife committed suicide by hanging herself on the ceiling fan of their house on 12.8.2014 before 5:00 am. The petitioner would submit that he is innocent of the allegations raised against him that he was arrested on 18.8.2014 and that the investigation has been completed and that continued custodial detention of the petitioner is not necessary taking into account the fact that he has been under custodial detention for 60 days or so.
2. Learned Public Prosecutor would submit that the medical report of the Doctor has been obtained which shows that there are 18 anti-mortem injuries on the body of the deceased out of which majority of the injuries appears to be old and that investigation reveals that the petitioner frequently quarrelled with his wife. ::2:: B.A No.6370 Of 2014 Learned Public Prosecutor would fairly submit that investigation is almost completed, but, postmortem report is yet to be received and that if this Court is inclined to grant regular bail to the petitioner the same should be conditioned with necessary safeguards so as to protect the interest of the prosecution.
3. Having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the crucial fact that the petitioner has been under custodial detention for the last 60 days or so and taking into the aspect that the investigation is almost at the fag end, regular bail can be granted to the petitioner subject to necessary safeguards. Accordingly, it is ordered that the petitioner shall be released on bail on his executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) before the Judicial Magistrate of the First Class-I, Kottarakkara and on furnishing two sureties each for the same amount to the satisfaction of the aforementioned court and subject to the following conditions:- i) The petitioner shall surrender his passport, if any, before the aforementioned court within three days from execution of the bail bond and if he is not a holder of passport, then he shall file affidavit to that effect in the said court. If the petitioner require his passport in connection with his travel abroad, then he is free to approach the court concerned for the release of the same ::3:: B.A No.6370 Of 2014 and for necessary permission in that regard. In case if 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, reported in 2009 (2) KLT712 notwithstanding the aforementioned condition imposed by this Court. (ii) Petitioner shall report before the investigating officer in Crime No.1544/2014 of Kottarakkara Police Station between 10:00 am and 11:00 am on every alternate Sundays until the submission of the final report in this case. (iii) The petitioner shall not involve in any criminal offence of similar nature. (iv) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required. (v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever. If the petitioner fails to comply with any of the conditions as ordered above, the bail granted to him is liable to be cancelled. ALEXANDER THOMAS, Judge. bkn/-