This is an application for bail filed by the sole accused in Crime No.289/2014 of Piravom police station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that the accused and the deceased were in love and the accused had promised to marry her and thereafter he resiled from the promise and on account of that, she got frustrated and as abetted by the accused, she had committed suicide by hanging from her house and thereby the accused had committed the offence punishable under Section 306 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and even assuming that entire prosecution allegations are admitted, no offence under Section 306 of the Indian Penal Code is attracted. He was arrested on 23.3.2014 and he is in jail from that day onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation of the case is not over.
5. Heard both sides and perused the report of the investigating officer.
6. It is seen from the report of the investigating officer that the case was originally registered as Crime No.289/2014 of Piravom police station under Section 174 of the Code of Criminal Procedure when death of the deceased by hanging was informed. Thereafter during investigation it was revealed that the petitioner and the deceased were in love and later the accused resiled from the promise to marry and abetted her and that prompted her to commit suicide and so the petitioner was implicated as accused and Section 306 of the Indian Penal Code was added and he was arrested on 23.3.2014. He is in jail from that day onwards. Investigation of the case is almost over. I am not going into the question whether the allegations are sufficient to attract the offence under Section 306 of the Indian Penal Code or not at this stage as it is matter for evidence. Considering the period of pre trial detention of the petitioner and also stage of the investigation, this Court feels that bail can be granted to the petitioner with some stringent conditions. So, the application is allowed with the following conditions.
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Muvattupuzha.
ii. The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months or till the final report is filed whichever is earlier.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Muvattupuzha or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge