The High Court of Kerala dismissed a bail application filed by two accused persons in a case alleging the suicide of a deceased. The court held that investigation was at an initial stage and the failure to arrest the accused despite elapsed time did not warrant granting bail.
Application for anticipatory bail dismissed; petitioners directed to be arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934
Bail Appl..No. 2491 of 2012 ()
CRIME NO. 255/2011 KENICHIRA POLICE STATION, WAYANAD
PETITIONER / ACCUSED :
1. KANNAN @ VIJEESH, AGED 26 YEARS, S/O.DANKEY, MANDAPATHIL HOUSE, THZHEMUNDA POOTHADI AMSOM DESOM, SULTHAN BATHERY, WAYANAD.
2. DANKEY, AGED 51 YEARS, S/O.GOPALAN, MANDAPATHIL HOUSE, THAZHEMUNDA POOTHADI AMSOM DESOM, SULTHAN BATHERY, WAYANAD.
BY ADVS.SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SRI.M.R.DHANIL
RESPONDENT / COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.
BY PUBLIC PROSECUTOR SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
N.K.BALAKRISHNAN, J.
-------------------------------B.A. No.2491 of 2012
Dated this the 1st day of June 2012
O R D E R
Petitioners are the accused in Crime No.255/2011 of Kenichira Police Station. The offence alleged against them is under Sec.306 r/w 34 IPC. It was alleged that on 4.11.2011, the petitioners trespassed into the house of deceased, outraged her modesty and threatened her putting in fear of death. With regard to the aforesaid incident, a crime was registered as Crime No.240/2011 alleging offences under Secs.452, 354, 323, 506(i) and 294(b) r/w 34 IPC. It is also stated that the petitioners threatened the deceased several times to withdraw the case filed by her and made defamatory statements against her in the locality and it was because of the unbearable physical and mental torture she committed suicide. The investigation is only at the initial stage. It seems petitioners have not been
B.A. No.2491 of 2012
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arrested so far, though the incident took place long back in spite of the fact that, the application for anticipatory bail was dismissed by the learned Sessions Judge on 7.4.2012. It is inconceivable why the investigating officer has not taken earnest effort to arrest the accused, complete the investigation at the earliest.
Considering all the aspects, I am not inclined to grant anticipatory bail to the petitioners. It is hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
Jvt
3 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused of causing death by suicide and outraging modesty.
Whether the investigating officer's failure to arrest the accused despite a long back incident warrants granting bail.
Did the circumstances constitute an inconceivable delay in investigation warranting bail discharge?
3 provisions across 2 enactments
Kannan @ Vijeesh
Dankey
State of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
