High Court allowed pre-arrest bail in a Section 306 IPC case. Court held custodial interrogation was unnecessary amidst doubts about materials constituting offence.
Granted pre-arrest bail on executing bond of Rs. 40,000 each with two solvent sureties and furnishing reports to Investigating Officer.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941
Bail Appl..No.6344 OF 2019
CRIME NO.236/2019 OF Chevayur Police Station , Kozhikode
PETITIONERS/ACCUSED NOS. 1 & 2:
1 TONNY JOSEPH AGED 51 YEARS S/O. K.M. JOSEPH, KEECHERIL HOUSE, NEAR SERVICE STATION, ENGAPUZHA, PUTHUPPADY P.O, KOZHIKODE DISTRICT.
2 JOOLY, AGED 40 YEARS W/O. TONNY JOSEPH, KEECHERIL HOUSE, NEAR SERVICE STATION, ENGAPUZHA, PUTHUPPADY (P.O), KOZHIKODE DISTRICT.
BY ADVS. SRI.M.VIVEK RABINDRANATH SRI.V.T.MADHAVANUNNI
RESPONDENTS/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-681 031
SRI.SANTHOSH PETER,PUBLIC PROSECUTOR
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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O R D E R
The petitioners are the accused in Crime
No.236/2019 of Chevayur Police Station. The offence alleged is punishable under Section 306 IPC.
01.04.2019 at about 6.00 a.m, the deceased V.Jayaprakash committed suicide by hanging. It is alleged that the petitioners abetted the commission of suicide by the deceased. The deceased was the managing partner of the firm, namely, 'Orissa Rubbers' in which the petitioners were partners. The first petitioner was a Government employee.
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Therefore, he availed leave for five years. A new firm was also constituted under the name and style 'Orissa Latex'. The property of the deceased was pledged for Rupees seventy lakhs for raising funds in the business of the firm 'Orissa Latex'. However, the petitioners did not repay the loan amount and hence there was huge liability upon the property of the deceased. This is stated to be the reason for committing suicide by the deceased.
submitted that the crime was registered on the basis of the suicide note. Having gone through the relevant inputs, it is doubtful as to whether the materials are sufficient to constitute the ingredients of the offence alleged. Therefore, I am of the view that the custodial interrogation of the
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petitioners is not necessary in this case. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioners.
In the result, this bail application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in the above said crime, on condition of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioners shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:
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between 9.00 am and 11.00 am for two months and thereafter, as and when required by the Investigating Officer for interrogation.
I make it clear that the observation, if any, made in this order shall not be construed as expression on merits as the observation made in this order was only for the purpose of disposing of this application.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/20.09.2019
1 issue framed by the court
Whether pre-arrest bail should be granted under Section 438 Cr.P.C. in a case involving alleged abetment of suicide.
2 provisions across 2 enactments
Tonny Joseph
Jooly
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
