Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 241/2014 of Mannarkkad Police Station which has been registered for the offence under Section 306 I.P.C. The victim was his neighbour. She was aged 30 years, married and had two children. On 06.03.2014, she committed suicide.
2. The allegation against the petitioner is that he had illicit relationship with her and he abetted her to commit suicide. The submission of the learned counsel for the petitioner is that the materials available in the CD do not disclose commission of offence by the petitioner.
3. Heard.
4. The victim was a neighbour of the petitioner. The prosecution has a case that she had illicit relationship with him. According to the prosecution, he used to contact her on mobile phone and harass her, which resulted in her committing suicide. The suicide note in the hand-writing of the victim is available in the case diary. It discloses that she had illicit relationship with the petitioner and it was found out and she was warned. She was very much disappointed about it and that was the reason why she committed suicide.
5. Having regard to these facts, I am inclined to grant the prayer of the petitioner.
In the result, this petition is allowed.
1. The petitioner shall be released on bail on his executing a bond for Rs. 20,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2. He shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m. on every first and third Saturdays for three months, or till the final report is filed, whichever is earlier.
3. He shall not attempt to influence the witnesses or intimidate them.
4. He shall not attempt to contact or communicate with the relatives of the victim.
This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
Sd/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE