Allowed

Vinodkumar v., v. State of Kerala

Kerala HC18 Jun 2019Bail Appl./1974/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner, who is accused of abetting suicide under Section 306 IPC, holding that there is no material to indicate he committed the offense and custodial interrogation is not necessary.

What did the court decide?

Petitioner granted release on bail upon executing a bond for Rs.30,000 with two solvents, subject to conditions of reporting to the Investigating Officer and not interfering with the investigation.

Vinodkumar v., Vs State of Kerala — Anticipatory Bail | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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Bail Appl..No.1974 of 2019

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CRIME NO.1400/2018 OF East Kallada Police Station , Kollam

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PETITIONER/S:

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VINODKUMAR V., AGED 37 YEARS S/O.VIKRAMA PILLAI, VINOD BHAVAN, THEKKEMURI, CHITTUMALA, EAST KALLADA P.O., KOLLAM, PIN691502.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKAULAM-682031.

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2 STATION HOUSE OFFICER, EAST KALLADA POLICE STATION, KOLLAM DISTRICT-691001.

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3 ADDL.R3 THANKAMMA AMMA KRISHNA THEERTHAM, PANAYAM CHERRY, THEKKEMURI, KIZHAKKEKALLADA, KOLLAM, PIN691502.

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ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 5.4.2019 IN CRL.MA 1/2019.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.1974 of 2019

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ORDER

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The petitioner is the accused in Crime No.1400/2018 of East Kallada Police Station. The offence alleged is punishable under Section 306 IPC.

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2. The prosecution allegation can be briefly stated thus:

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The petitioner is the brother-in-law of deceased Sivan Pillai. There was scuffle between the deceased and the petitioner on 25.09.2018 at about 11.30 p.m. Thereafter,

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the deceased was found missing. On 26.09.2018 at 5.00 a.m., the deceased Sivan

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Pillai committed suicide by hanging. It is alleged that the petitioner abetted the commission of suicide by deceased Sivan Pillai.

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3. The petitioner has filed this

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Bail Appl..No.1974 of 2019

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application under Section 438 Cr.P.C.

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4. Heard.

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5. The learned counsel for the

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second respondent has submitted that the

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death of the deceased was a homicide and hence the second respondent filed a private complaint before the court below in this regard. The learned Magistrate forwarded the complaint to the police for

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investigation and report under Section 156(3) Cr.P.C. Thereafter, the Section of offence was altered by the police from Section 174 Cr.P.C. to Section 306 IPC.

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6. It appears that there is absolutely no material to indicate that the petitioner committed abatement of the commission of suicide. Therefore, it is doubtful as to

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whether the offence under Section 306 IPC

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Bail Appl..No.1974 of 2019

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is made out or not. There is also no

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material at present to constitute the ingredients of the offence under Section 302

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IPC. The petitioner has no criminal antecedent, submitted by the learned Public Prosecutor. Considering the facts and circumstances of the case, including the nature of the allegations, I am of the view that the custodial interrogation of the petitioner is not necessary for the progress of the investigation of this case. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and respondent Nos.1 and 2 are directed to release the petitioner on bail

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in the event of his arrest in the above

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Bail Appl..No.1974 of 2019

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said crime on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within fifteen days, if not arrested in the meantime and subject to the following further conditions:

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i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for two months and thereafter, as and when required by the Investigating Officer for interrogation.

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Bail Appl..No.1974 of 2019

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ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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Sd/- B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY// //P.A. TO JUDGE//

Vinodkumar v., v. State of Kerala

Case brief

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Vinodkumar v., v. State of Kerala

Case brief

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