Sanal Kumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Dec 29, 2020

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Citation: sooperkanoon.com/1832309
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Dec 29, 2020
Case Number: Bail Appl./8971/2020

Parties & Advocates

Appellant / Petitioner

Sanal Kumar

Respondent

State of Kerala

Excerpt

.....inspector of police kunnamkulam police station thrissur rd, near deputy superintendent of police, kunnamkulam , thrissur -680503 r1 by public prosecutoradv. c n prabhakaran, sr public prosecutor this bail application having come up for admission on 29.12.2020, the court on the same day passed the following: bail appl..no.8971 of 2020 2orderdated this the 29th day of december 2020 this is an application filed under section 439 of the code of criminal procedure .2. petitioner, who is the husband of the deceased is the second accused in crime no.1402/2020 of kunnamkulam police station, where offence punishable under sections 306, 498a read with 34 ipc is alleged.3. heard the learned counsel for the petitioner and the learned public prosecutor.4. learned counsel for the petitioner submits that duringthe covid period, the deceased was under depressive psychosis that the petitioner had to pledge 20 sovereigns of gold to meet the financial demands of the father of the deceased. the deceased had also undergone two abortions and as a result under considerable pressure, that there is no contribution on the part of the petitioner in committing suicide. the learned counsel further submitted that his mother, who is the first accused in the crime has already been released on bail.5. the learned public prosecutor vehemently opposed theapplication. according to him, 16 witnesses have stated that the deceased was subjected to cruelty by the petitioner. the investigation is still in progress and that the possibility of bail appl..no.8971 of 2020 3 incorporating section 304 ipc cannot be ruled out. considering the circumstances and since the investigation is in progress, this is not the proper time for releasing the petitioner on bail. therefore, the bail application is dismissed. sd/- k.haripal ajt judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl..No.8971 OF 2020 CRIME NO.1402/2020 OF Kunnamkulam Police Station , Thrissur PETITIONER/2nd ACCUSED : SANAL KUMAR, AGED 35 YEARS, S/O. CHANDRAN PEEDIKAPARAMBIL HOUSE, PENGAMUCK, KRICHALKADAVU, PAZHANJI, THRISSUR -680544 BY ADVS. SHRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 18 2 CIRCLE INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION THRISSUR RD, NEAR DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM , THRISSUR -680503 R1 BY PUBLIC PROSECUTOR

ADV. C N PRABHAKARAN, SR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8971 OF 2020 2

ORDER

Dated this the 29th day of December 2020 This is an application filed under Section 439 of the Code of Criminal Procedure .

2. Petitioner, who is the husband of the deceased is the second accused in Crime No.1402/2020 of Kunnamkulam police station, where offence punishable under Sections 306, 498A read with 34 IPC is alleged.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submits that during

the Covid period, the deceased was under depressive psychosis that the petitioner had to pledge 20 sovereigns of gold to meet the financial demands of the father of the deceased. The deceased had also undergone two abortions and as a result under considerable pressure, that there is no contribution on the part of the petitioner in committing suicide. The learned counsel further submitted that his mother, who is the first accused in the crime has already been released on bail.

5. The learned Public Prosecutor vehemently opposed the

application. According to him, 16 witnesses have stated that the deceased was subjected to cruelty by the petitioner. The investigation is still in progress and that the possibility of Bail Appl..No.8971 OF 2020 3 incorporating Section 304 IPC cannot be ruled out. Considering the circumstances and since the investigation is in progress, this is not the proper time for releasing the petitioner on bail. Therefore, the Bail Application is dismissed. Sd/- K.HARIPAL ajt JUDGE

Same Court & Year Kerala Orders · 2020 Same Parties Sanal Kumar vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal

criminal procedure Public prosecutor Police Station high court