Allowed

Pradeesh Kumar, v. the State of Kerala

Kerala HC20 Sept 2019Bail Appl./5476/2019

Case brief

AI extract

What is this about?

In a bail application for offences under IPC 498A and 306 involving the unnatural death of a wife via suicide, the court found a strong probable case. The petitioners had not instigated the suicide, and custodial interrogation was deemed unnecessary. Bail was granted subject to strict conditions of non-arrest for the duration and cooperation with investigation.

What did the court decide?

Bail granted subject to cooperating with investigation and appearing for interrogation by 3.10.2019.

Pradeesh Kumar, Vs the State of Kerala — Cheque Dishonour | 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 ALEXANDER THOMAS

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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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BAIL APPL.NO.5476 OF 2019

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CRIME NO.431/2019 OF FEROKE POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED NO.1:

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PRADEESH KUMAR, AGED 48 YEARS, S/O.CHINNAN, PARAYIL HOUSE, THADAYAPARAMBA, VAIDHYARANGADI, RAMANATTUKARA, KOZHIKODE DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS/STATE & COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI,PIN-682031.

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2 THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKKODE DISTRICT, PIN-673631.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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B.A. No. 5476 of 2019

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Dated this the 20^th day of September, 2019

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O R D E R

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The petitioner herein has been arrayed as accused No.1 among the 6 accused in the instant Crime No.431/2019 of Feroke Police Station,which has been registered for offences punishable under Secs.498A, 306 & 34 of the IPC on 1.6.2019. The said crime was initially registered as Crime No.106/2019 of Vazhakkad Police Station, under Sec.174 of the Cr.P.C. on account of the unnatural death of victim lady who is the wife of the petitioner (A-1). The Police after investigation has added the offences as per Secs.498A & 306 of the IPC, and the petitioner and 5 others have been arrayed as the 6 accused persons in the crime. Later the said crime was transferred to Feroke Police Station, wherein it was registered as Crime No.431/2019, as stated above.

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The prosecution case in short is that, after the marriage of the abovesaid spouses, the accused persons have treated the victim lady with cruelty and harassment, and that they demanded more dowry, and that they misappropriated her gold ornaments, etc and it is on account of their cruelty and harassment, the lady

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..3..

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B.A. No. 5476 of 2019

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committed suicide on 27.4.2019. Accused Nos. 2 to 6 are the mother, sister, sister's husband and the two daughters of A3 & A4 respectively. Accused Nos. 2 to 6 have already been granted anticipatory bail in this crime as per Anx.A order dated 16.7.2019 in B.A. No.4811/2019.

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The main material on the basis of which prosecution places reliance in support of the allegations for inclusion of offence as per Sec.306 of the IPC (abetment to commit suicide) is a diary said to have written by the deceased lady. The case of prosecution is that, lady had used one of the diary book which was earlier used by her son to make her diary entries, and after her death, the minor son had handed over the said diary to her parents, who in turn had produced it before the Investigating Officer concerned. The learned Prosecutor has made available a photocopy of the said diary for the perusal of this Court.

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Sri.Babu S.Nair, learned counsel appearing for the petitioner would point out the various rulings of the Apex Court and various High Courts including this Court regarding the legal parameters laid down therein in respect to the vital ingredients to be satisfied for attracting the offence of abetment as per Sec.107 of

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B.A. No. 5476 of 2019

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the IPC and the offence of abetment to commit suicide as per Sec.306 of the IPC, by citing decisions as in Sanju Alias Sanjay Singh Sengar v. State of M.P. [2002 SCC (Cri) 1141 = (2002) 5 SCC 371], Krishnadas P. (Dr.) (Adv.) v. State of Kerala and Another [2017 (2) KLT 579], Gurcharan Singh v. State of Punjab [2016 (12) SCALE 414] and Harikrishnan and Another v. State of Kerala and Another [2019 (3) KHC 437]. On the basis of said rulings, counsel for the petitioner would urge that no materials have been collected by the investigating agency, to even remotely connect the petitioner and other accused that they have in any manner instigated the suicide of the deceased lady.

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Accused Nos. 2 to 6 have already been granted anticipatory bail in this crime as per Anx.A order dated 16.7.2019 in B.A. No.4811/2019. After hearing both sides and after careful evaluation of the facts and circumstances of the case, more particularly testing the facts of the case in the light of the abovesaid judicial precedents, this Court is inclined to take the view that the petitioner has made out a strong probable case that his custodial

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..5..

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B.A. No. 5476 of 2019

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interrogation is not necessary for effectuating smooth and fair conduct of investigation in this case. However, the petitioner will have to fully co-operate in the investigation process. Accordingly the following directions and orders are passed.

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i. The petitioner will immediately personally appear before the Investigating Officer(I.O.) in relation to this crime for interrogation purposes at any rate by 9 am on any day on or before 3.10.2019, or within such time limit that may be extended by the I.O. as he deems fit and proper.

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ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process.

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iii. If the investigation process is not over on a single day, it will be open to the Investigating Officer to insist that the petitioner should appear on the next available working day or any other suitable day that may be fixed by him, which the petitioner will comply.

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iv. After the interrogation process is over, in case the Investigating Officer arrests the petitioner in relation to the abovesaid crime, then he shall be released on bail on executing bond for Rs.40,000/- and on furnishing two solvent sureties for the like sum, each to the satisfaction of the Investigating Officer concerned.

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