Nithin vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1311607
CourtKerala Orders High Court
Decided OnFeb-29-2024
Case NumberBail Appl./1562/2024
JudgeHonourable Mrs. Justice Sophy Thomas
AppellantNithin
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice sophy thomas thursday, the 29th day of february 2024 / 10th phalguna, bail appl. no. 1562 of 2024 crime no.2952/2023 of ernakulam central police station, ernakulam petitioner/accused:nithin aged 22 years s/o mani rajan, tharayil house, vadanapally, thrissur, pin - 680569 by advs. d.vimal dev giffin shaloo respondent/complainant: state of kerala represented by public prosecutor,high court of kerala, pin - 682031 pp-sri.prasanth m.p this bail application having come up for admission on 29.02.2024, the court on the same day delivered the following: ..2.. sophy thomas, j ========================= bail.appl.no.1562 of 2024 ========================== dated this the 29th day of february, 2024orderthis is an application for regular bail under section 439 of cr pc filed by the sole accused in crime no.2952/2023 of ernakulam central police station, registered under section 305 of ipc.2. the prosecution allegation is that, the victim, who isa minor girl aged 17 years, had a love affair with the petitioner. when that relationship was broken up, she developed intimacy with another boy and due to that enmity, the petitioner sent her nude photographs to her mother and brother-in-law. her mother compelled her to come back to home. on 21.09.2023 and due to that mental stress, she committed suicide at the hostel room. thus accused abetted her to commit suicide.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor opposed the bailapplication, stating that, investigation is only at the initial stage. ..3.. the petitioner sent the nude photographs of the victim girl, to her mother and brother-in-law. they compelled her to come back home and due to that mental stress, she committed suicide. if the petitioner is released on bail at present, it may adversely affect the progress of the investigation, as there is every chance for threatening, or influencing the witnesses. so this court is not inclined to release him on bail at present. hence, this bail application stands dismissed. sd/- sophy thomas, judge acr
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, BAIL APPL. NO. 1562 OF 2024 CRIME NO.2952/2023 OF Ernakulam Central Police Station, Ernakulam PETITIONER/ACCUSED:

NITHIN AGED 22 YEARS S/O MANI RAJAN, THARAYIL HOUSE, VADANAPALLY, THRISSUR, PIN - 680569 BY ADVS. D.VIMAL DEV GIFFIN SHALOO RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 PP-SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. SOPHY THOMAS, J ========================= Bail.Appl.No.1562 of 2024 ========================== Dated this the 29th day of February, 2024

ORDER

This is an application for regular bail under Section 439 of Cr PC filed by the sole accused in Crime No.2952/2023 of Ernakulam Central Police Station, registered under Section 305 of IPC.

2. The prosecution allegation is that, the victim, who is

a minor girl aged 17 years, had a love affair with the petitioner. When that relationship was broken up, she developed intimacy with another boy and due to that enmity, the petitioner sent her nude photographs to her mother and brother-in-law. Her mother compelled her to come back to home. On 21.09.2023 and due to that mental stress, she committed suicide at the hostel room. Thus accused abetted her to commit suicide.

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

4. Learned Public Prosecutor opposed the bail

application, stating that, investigation is only at the initial stage. ..3.. The petitioner sent the nude photographs of the victim girl, to her mother and brother-in-law. They compelled her to come back home and due to that mental stress, she committed suicide. If the petitioner is released on bail at present, it may adversely affect the progress of the investigation, as there is every chance for threatening, or influencing the witnesses. So this Court is not inclined to release him on bail at present. Hence, this bail application stands dismissed. Sd/- SOPHY THOMAS, JUDGE ACR