Dismissed

Niyas v. State of Kerala

Kerala HC21 Oct 2016Bail Appl./7323/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed on behalf of an accused charged with causing suicide of his wife under Sections 498A and 306 IPC. The court held that the investigation was not complete and further inquiries were necessary, and thus bail could not be granted at that stage.

What did the court decide?

Bail application dismissed; petitioner to remain in judicial custody pending further investigation.

Niyas Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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Bail Appl..No. 7323 of 2016

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CRIME NO. 2607/2016 OF KAYAMKULAM POLICE STATION, ALAPPUZHA

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PETITIONER(S)/ACCUSED:

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NIYAS, AGED 31 YEARS, S/O ABDUL KABEER, VALIYAPARAMBIL VEEDU, ERUVA MURI, PATHIYOOR VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT.

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BY ADV. SRI.VINCENT JOSEPH

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.7323 of 2016

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~~~~~~~~~~~

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Dated this the 21^st October, 2016

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O R D E R

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The petitioner herein is the accused in Crime No.2607 of 2016 of the Kayamkulam Police Station, registered under Sections 498A and 306 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The petitioner has been in judicial custody since 29.09.2016.

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This crime relates to the commission of suicide by the petitioner's wife Sajna. She was married by him on 31.05.2014, but the matrimony did not last long. The prosecution case is that, the deceased Sajna had been mentally and physically harassed by the petitioner herein during their short-lived matrimony, and that when she felt the continued acts of cruelty of her husband unbearable, she burnt herself to death. She poured kerosene on her body and burnt herself on 15.09.2016, and she breathed her last due to the burn injuries, at the hospital on 20.09.2016.

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B.A No.7323 of 2016

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On a perusal of the statements given by the victim to the learned Magistrate while undergoing treatment at the hospital, I find that there are prima facie materials to implicate the petitioner under Sections 498A and 306 I.P.C. Of course, she poured kerosene on her body on certain provocations, but her statements reveal that she had been mentally and physically harassed by the petitioner by a course of cruel conduct, and he very often used to pick up quarrels with his wife under the influence of liquor and otherwise.

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On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that the petitioner cannot be now released on bail. Some more important witnesses remain to be questioned by the Investigating Officer, and some more materials remain to be collected as part of investigation. This process will be obstructed if the petitioner is now released. I also find prima facie materials substantiating the allegations against the accused. The request for bail will be considered at a later stage when major part of investigation is over.

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In the result, this application for bail is dismissed.

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P.UBAID JUDGE

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Niyas v. State of Kerala

Case brief

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Niyas v. State of Kerala

Case brief

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