Naveen vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 09, 2022

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https://sooperkanoon.com/case/1442049

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Citation: sooperkanoon.com/1442049
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 09, 2022
Case Number: Bail Appl./287/2022

Parties & Advocates

Appellant / Petitioner

Naveen

Respondent

State of Kerala

Excerpt

.....town east police station, alleging commission of offences under sections 354, 511, 376 and 306 of the indan penal code.3. allegation against the petitioner is that his continuous harassment led to the death by suicide of one deepa, wife of the de facto complainant, on 21.09.2020.4. learned counsel appearing for the petitioner wouldsubmit that the petitioner is absolutely innocent in the matter. it is submitted that though the petitioner had a friendship with the deceased lady, there is nothing to suggest that he had abetted her suicide in any manner. it is submitted that though on an earlier occasion, a refer report was prepared in the matter, on the directions of this court in w.p.(c). no.15908/2021, the investigation of the case was handed over to a special investigation team. thereafter the petitioner has been arrayed as an accused. it is submitted that the petitioner was working abroad and that the petitioner and the husband of the deceased lady (de facto complainant herein) were closebail appl. no. 287 of 2022 3friends right from their childhood. it is submitted that the petitioner co-operated with the investigation in every manner and though he was abroad in december, 2021, he had appeared on a notice being issued by the investigating officer. it is submitted that it was thereafter that the arrest of the petitioner was recorded.5. learned public prosecutor would submit that theallegations against the petitioner are serious. it is submitted that even in the first information statement given by the d e facto complainant it was suggested that the deceased had some relationship with the petitioner. it is submitted that the suicide note of the deceased had also suggested that the petitioner was responsible for her death. it is submitted that the petitioner's wife had herself committed suicide and he had remarried again and that lady had also been divorced. it is submitted that the role of the petitioner in the death of the deceased in this case is quite.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 9TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943 BAIL APPL. NO. 287 OF 2022 AGAINST THE ORDER IN CRMC 2148/2021 OF SESSIONS COURT,THRISSUR CRIME NO.3477/2020 OF THRISSUR EAST POLICE STATION PETITIONER/ACCUSED: NAVEEN AGED 41 YEARS S/O.NANDAKUMAR,SRI NANDANAM, SANTHI NAGAR, THIRUVAMBADI, THRISSUR - 680 022. BY ADVS. PHILIP T.VARGHESE THOMAS T.VARGHESE K.R.MONISHA V.T.LITHA SHRUTHI SARA JACOB ACHU SUBHA ABRAHAM RESPONDENT/STATE AND INVESTIGATING OFFICER: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER THRISSUR EAST TOWN POLICE STATION, THRISSUR - 680 005. 3 THE ASSISTANT COMMISSIONER OF POLICE THRISSUR - 680 005. ADV. T.R.RENJITH SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 287 OF 2022 2

ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.3477/2020 of Thrissur Town East Police station, alleging commission of offences under Sections 354, 511, 376 and 306 of the Indan penal code.

3. Allegation against the petitioner is that his continuous harassment led to the death by suicide of one Deepa, wife of the de facto complainant, on 21.09.2020.

4. Learned counsel appearing for the petitioner would

submit that the petitioner is absolutely innocent in the matter. It is submitted that though the petitioner had a friendship with the deceased lady, there is nothing to suggest that he had abetted her suicide in any manner. It is submitted that though on an earlier occasion, a refer report was prepared in the matter, on the directions of this Court in W.P.(C). No.15908/2021, the investigation of the case was handed over to a Special Investigation Team. Thereafter the petitioner has been arrayed as an accused. It is submitted that the petitioner was working abroad and that the petitioner and the husband of the deceased lady (de facto complainant herein) were close

BAIL APPL. NO. 287 OF 2022 3

friends right from their childhood. It is submitted that the petitioner co-operated with the investigation in every manner and though he was abroad in December, 2021, he had appeared on a notice being issued by the investigating officer. It is submitted that it was thereafter that the arrest of the petitioner was recorded.

5. Learned Public Prosecutor would submit that the

allegations against the petitioner are serious. It is submitted that even in the First Information Statement given by the d e facto complainant it was suggested that the deceased had some relationship with the petitioner. It is submitted that the suicide note of the deceased had also suggested that the petitioner was responsible for her death. It is submitted that the petitioner's wife had herself committed suicide and he had remarried again and that lady had also been divorced. It is submitted that the role of the petitioner in the death of the deceased in this case is quite clear. It is submitted that the petitioner is not entitled to be released on bail as the investigation has not been completed. It is submitted that there is every chance that the petitioner will influence the witnesses and interfere with the investigation, if he is released on bail.

BAIL APPL. NO. 287 OF 2022 4

6. Having regard to the facts and circumstances of the

case and considering the fact that the petitioner had co- operated with the investigation and had appeared on notice from the investigating officer in the month of December 2021 (though he was abroad at that point of time) and also considering the fact that the petitioner has been in custody from 10.12.2021 and taking into account the fact that his continued detention is not necessary for the purpose of any investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.3477/2020 of Thrissur Town East Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the BAIL APPL. NO. 287 OF 2022 5 investigation or to influence or intimidate the de facto complainant or any witness in Crime No.3477/2020 of Thrissur Town East police station;

(iv) The petitioner shall surrender his passport before the

jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime

while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.3477/2020 of Thrissur Town East police station may file an application before the jurisdictional court, for cancellation of bail. sd/- GOPINATH P. JUDGE ajt

Same Court & Year Kerala · 2022 Same Parties Naveen vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.