Nishanth S vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 27, 2023

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Citation: sooperkanoon.com/1331966
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jan 27, 2023
Case Number: Bail Appl./441/2023

Parties & Advocates

Appellant / Petitioner

Nishanth S

Respondent

State of Kerala

Excerpt

.....anticipatory bail.3. on the other hand, the learned public prosecutor would oppose theaforesaid contentions. it is pointed out that the investigation is in progress, and during the course of the same, the suicide note prepared by the victim was received, wherein specific instances of the ill-treatment at the hands of the petitioner are mentioned. therefore, the granting of anticipatory bail is seriously opposed by the public prosecutor.4. i have gone through the records. even though the first informationstatement does not reveal the materials to implicate the petitioner for the offence under section 498a of the indian penal code, the contents of the suicide note would show that, the deceased was allegedly ill-treated the petitioner, even while she was pregnant. it is seen mentioned that the deceased was subjected to ill-treatment by the petitioner as he doubted that the child which she carrying was not of his. that ultimately led her to commit suicide.5. after going through the records, i am of the view that this is a matter ofinvestigation, and no anticipatory bail can be granted to the petitioner. even though the learned counsel for the petitioner submitted that the members of the family of the deceased have a tendency to commit suicide, no documents are placed on record to substantiate the same. in such circumstances, i do not find any merit in this bail application, and accordingly it is dismissed.sd/- ziyad rahman a.a. judge scs appendix of bail appl. 441/2023 petitioner annexures annexure a certified copy of the order dated 28/12/2022 in crl.m.c. no. 2825/2022 of addl.sessions judge-vii thiruvananthapuram.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944 CRIME NO.1520/2022 OF ATTINGAL POLICE STATION PETITIONER/ACCUSED NO.1: NISHANTH S. AGED 36 YEARS S/O SURENDRAN, NISHANTH BHAVAN, KIZHUVALLAM,KOONTHALLOOR, BY ADVS. MANSOOR.B.H. SAKEENA BEEGUM RESPONDENTS: COMPLAINANT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER ATTINGAL POLICE STATION. BY ADV ADV SREEJA V -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner has filed this application for anticipatory bail apprehending arrest in Crime No.1520/2022 of Attingal Police Station. The offences alleged against the petitioner are under Section 498A and 306 of the Indian Penal Code.

2. The aforesaid crime was initially registered in connection with the

suicide of the petitioner’s wife, Aswathy aged 28 years, on 23.10.2022 by hanging. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is further contended that the deceased and her family members had a tendency to commit suicide. It is averred in the bail application that the sister of the deceased committed suicide and her mother has also attempted to commit suicide. In such circumstances, the learned counsel for the petitioner seeks anticipatory bail.

3. On the other hand, the learned Public Prosecutor would oppose the

aforesaid contentions. It is pointed out that the investigation is in progress, and during the course of the same, the suicide note prepared by the victim was received, wherein specific instances of the ill-treatment at the hands of the petitioner are mentioned. Therefore, the granting of anticipatory bail is seriously opposed by the Public Prosecutor.

4. I have gone through the records. Even though the First Information

Statement does not reveal the materials to implicate the petitioner for the offence under Section 498A of the Indian Penal Code, the contents of the suicide note would show that, the deceased was allegedly ill-treated the petitioner, even while she was pregnant. It is seen mentioned that the deceased was subjected to ill-treatment by the petitioner as he doubted that the child which she carrying was not of his. That ultimately led her to commit suicide.

5. After going through the records, I am of the view that this is a matter of

investigation, and no anticipatory bail can be granted to the petitioner. Even though the learned counsel for the petitioner submitted that the members of the family of the deceased have a tendency to commit suicide, no documents are placed on record to substantiate the same. In such circumstances, I do not find any merit in this bail application, and accordingly it is dismissed.

Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF BAIL APPL. 441/2023 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE ORDER DATED 28/12/2022 IN CRL.M.C. NO. 2825/2022 OF ADDL.SESSIONS JUDGE-VII THIRUVANANTHAPURAM.

Same Court & Year Kerala Orders · 2023 Same Parties Nishanth S vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.