Dismissed

Prakash.K.P v. State of Kerala

Kerala HC22 Jun 2010Bail Appl./2494/2010

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an application for anticipatory bail filed by the accused in a case where his mother allegedly committed suicide by hanging. The court held that, given the serious nature of the allegations and the evidence regarding a money dispute, it was not a fit case to grant anticipatory bail.

What did the court decide?

Anticipatory bail petition was dismissed as it was not a fit case to grant relief.

Prakash.K.P Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 2494 of 2010() ----------------------------(CRIME NO.UNKNOWN OF MARAYOOR POLICE STATION)

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PETITIONER/ACCUSED

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PRAKASH.K.P., S/O. LATE PRABHAKARAN, KARTHIK HOUSE, DENDUKOMBU, SAHAYAGIRI.P.O., KOVILKADAVU, IDUKKI DISTRICT.

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BY ADV. SRI.SOORAJ T.ELENJICKAL

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RESPONDENT(S): COMPLAINANT -------------------------STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.I.V.PRAMOD

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.HEMA, J

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B.A No.2494 OF 2010

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Dated this the 22^nd day of June 2010

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ORDER

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This petition is for anticipatory bail.

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The alleged offence is under Section 306 of IPC. According to prosecution, petitioner has abetted commission of suicide of his mother aged 63 years who committed suicide by hanging. A crime was registered under Section 174 Cr.P.C.

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Learned counsel for petitioner submitted that petitioner is totally innocent of the allegations made. Petitioner was the only person who was looking after his mother and she was residing with the petitioner though she had two more children. There was some property dispute in respect of family property situated in Cheranalloor. Petitioner's brother and sister wanted a partition and in respect of the same, there was some quarrel. Because of the quarrel, it is alleged that petitioner abetted commission of suicide. In fact, the deceased mother had some mental illness and petitioner is not responsible for the suicide, it is submitted.

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This petition is opposed. Learned Public Prosecutor submitted that, on investigation, it is revealed that the deceased mother had received Rs.93,000/- on sale of a family property. Out of this, Rs.75,000/- was given to petitioner on the understanding

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B.A No.2494 OF 2010

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that it will be returned. Deceased mother requested petitioner to return the same. But, he was not willing. She made a complaint to panchayat President and it is revealed from his statement that petitioner had told the deceased mother that she will be put in some orphanage and that he was not prepared to pay back the money. According to prosecution, for these reasons, the deceased mother had committed suicide.

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On hearing both sides, considering the serious nature of allegations made, as revealed from the materials in the case diary, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner could not make out any ground to get anticipatory bail.

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Petition is dismissed.

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K.HEMA JUDGE

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vdv

Prakash.K.P v. State of Kerala

Case brief

What is this about?

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Prakash.K.P v. State of Kerala

Case brief

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