Bail Appl./9404/2021 of AZAD, Vs STATE OF KERALA, on 31 December 2021

O R D E R

Dated this the 31[st] day of December, 2021

This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.1110/2021 ofChittur Police Station. The offences alleged are under Sections363 and 306 of the Indian Penal Code.

3. The prosecution case in short is that on 16/11/2021,the niece of the de facto complainant, aged 14 years, committedsuicide by hanging at her residence at about 9.00 a.m. It isalleged that the accused under the pretext of love affair with thedeceased, kidnapped her from her lawful guardianship at 12O'clock in the night on 13/11/2021 and on the way, they wereapprehended by the police. The police took the deceased and theaccused to the police station and got the presence of the parentsof the deceased and sent her along with her parents.Subsequently, the accused made the relatives of the deceased tobelieve that it was she who called the accused to her residence at the odd time which was believed by the relatives. So, she wrote asuicide note and committed suicide. According to her, theaccused is the sole person responsible for her suicide. By doingso, the accused committed the offences punishable under theabove sections.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted thatthe petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that thereare no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned Public Prosecutoropposed the bail application. He contended that the allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.

6. Perusal of the case diary would reveal that prima faciethere are materials on record to connect the petitioner with thecrime. However, the petitioner was remanded to judicial custodyon 17/11/2021. In view of the nature of the crime and the stageof investigation, I do not find any reason to hold that the Perusal of the case diary would reveal that prima facie continued detention of the petitioner is required for any purpose.The investigation seems to have reached a fair stage. On aperusal of the allegations in the FI statement, it is doubtfulwhether Section 306 will be attracted. There is no statement inthe suicide note that directly or indirectly the petitioner abettedher to commit the suicide. The other Section 363 of IPC isbailable. For all these reasons, the petitioner is entitled to bereleased on bail on conditions.

In the result, the application is allowed on the followingconditions:-

(i) The petitioner shall be released on bail on executing abond for `1,00,000/- (Rupees One lakh only) with two solventsureties for the like sum each to the satisfaction of thejurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with theinvestigation.

Conclusion

(iii) The petitioner shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturday untilfurther orders. The petitioner shall also appear before theinvestigating officer as and when required by him.

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(iv) The petitioner shall not commit any offence of likenature while on bail.

(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.

(vi) The petitioner shall not leave State of Kerala withoutthe permission of the trial Court.

Rp

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE