Kerala High Court
Bail Appl./8971/2020 of SANAL KUMAR Vs STATE OF KERALA on 29 December 2020
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/2 nd ACCUSED : SANAL KUMAR, AGED 35 YEARS, S/O. CHANDRAN
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. CHANDRANPEEDIKAPARAMBIL HOUSE, PENGAMUCK, KRICHALKADAVU, PAZHANJI, THRISSUR -680544
BY ADVS.SHRI.SANTHOSH P.PODUVALSMT.R.RAJITHASMT.CHITHRA.S.BABUSRI.R.N.SANDEEP
RESPONDENT/COMPLAINANT:
1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM – 18
2CIRCLE INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION THRISSUR RD, NEAR DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM , THRISSUR -680503 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 ON29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 29th day of December 2020
This is an application filed under Section 439 of the Code ofCriminal Procedure .
2. Petitioner, who is the husband of the deceased is thesecond accused in Crime No.1402/2020 of Kunnamkulam policestation, where offence punishable under Sections 306, 498A readwith 34 IPC is alleged.
3. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.
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4. Learned counsel for the petitioner submits that duringthe Covid period, the deceased was under depressive psychosisthat the petitioner had to pledge 20 sovereigns of gold to meetthe financial demands of the father of the deceased. The deceasedhad also undergone two abortions and as a result underconsiderable pressure, that there is no contribution on the part ofthe petitioner in committing suicide. The learned counsel furthersubmitted that his mother, who is the first accused in the crimehas already been released on bail.
5. The learned Public Prosecutor vehemently opposed theapplication. According to him, 16 witnesses have stated that thedeceased was subjected to cruelty by the petitioner. Theinvestigation is still in progress and that the possibility of ajt incorporating Section 304 IPC cannot be ruled out. Consideringthe circumstances and since the investigation is in progress, thisis not the proper time for releasing the petitioner on bail.Therefore, the Bail Application is dismissed.
Sd/-
K.HARIPAL
JUDGE
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