Allowed

Thampi.E.P, v. State of Kerala

Kerala HC5 Mar 2024Bail Appl./5429/2023

Case brief

AI extract

What is this about?

Anticipatory bail application by sole accused in a Section 306 IPC suicide abetment case. The priest-witness's statement and the deceased's hospital statement indicated she set herself on fire without alleging anything against the petitioner. Bail allowed with conditions.

What did the court decide?

Anticipatory bail granted: surrender by 12.03.2024 for interrogation; release on Rs.50,000 bond with two sureties upon arrest, with standard conditions.

Thampi.E.P, Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945

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BAIL APPL. NO. 5429 OF 2023

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CRIME NO.745/2022 OF Kumily Police Station, Idukki

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PETITIONER/S:

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THAMPI.E.P,
AGED 69 YEARS
S/O.PAPPAN, EETTICKAL VEEDU, KOLLAM, PATTADAKARA, KUMILY VILLAGE,
IDUKKI DISTRICT, PIN - 685509

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BY ADVS.
T.A.UNNIKRISHNAN
K.K.AKHIL

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T. SREELAKSHMI UNNIKRISHNAN

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RESPONDENT/S:

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STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031

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OTHER PRESENT:

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SR.PP-SRI.RENJIT GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 5429 of 2023

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SOPHY THOMAS, J.

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=====================

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B.A. No. 5429 of 2023

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========================

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O R D E R

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Dated this the 05^th day of March, 2024

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This is an application for anticipatory bail under Section 438

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of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 745 of 2022 of Kumily Police Station, Idukki, registered under Section 306 of IPC.

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The prosecution allegation is that, on 10.10.2022 at 12.00 in the night, a lady aged 45 years, committed suicide, by self immolation at the house of the petitioner. It is alleged that,

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B.A. No. 5429 of 2023

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the petitioner abetted her to commit suicide.

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3. Heard learned counsel for the petitioner and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail application.

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5. Learned counsel for the petitioner would submit that the deceased lady was a family friend, and she used to stay in the house of the petitioner, where he was living with his family. On the date of incident, deceased lady, and her relative, a priest aged 77, were all present in his house. After dinner, she went back to her room, and she committed suicide, by pouring kerosene, and setting fire using a lighter. Immediately, she was taken to hospital. But she succumbed to the injuries.

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6. When this application was taken up for hearing on 28.02.2024, this Court directed the learned Public Prosecutor to get copy of 161 statement of the priest, a relative of the deceased

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B.A. No. 5429 of 2023

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..4..

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lady who was present in the house of the petitioner, at the time of occurrence. Accordingly, his statement was produced. It shows that, the petitioner complained to the priest regarding some defamatory statements made by the deceased against the daughter of the petitioner. On seeing the lady trying to set fire to herself, the petitioner, tried to snatch away the lighter, but he could not succeed.

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7. The petitioner is a retired police officer. The statement of the priest, who is a relative of the deceased lady, prima facie suggests that, the deceased lady committed suicide on her own by pouring kerosene, and setting fire by using a lighter. The report given by the Investigating Officer also shows that when she was admitted in hospital, she stated to the doctor also that, she poured kerosene, and li t herself, using the lighter. There was no allegation made by her against the petitioner, though she was able

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B.A. No. 5429 of 2023

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to speak at that point of time.

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In such circumstances, this Court is inclined to allow this

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bail application on the following terms:-

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i. The petitioner is directed to surrender before the Investigating Officer on or before 12.03.2024, and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

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ii. In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

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iii. Thereafter, the petitioner shall appear before the

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B.A. No. 5429 of 2023

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investigating officer as and when directed.

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iv. The petitioner shall not influence or intimidate the

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witnesses or tamper with the investigation.

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v. The petitioner shall not commit any offence while on bail.

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vi. In case of violation of these conditions, the trial court is empowered to cancel his bail, in accordance

with law.

Sd/-

SOPHY THOMAS

JUDGE

RMV

Thampi.E.P, v. State of Kerala

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Thampi.E.P, v. State of Kerala

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