Chethanraj vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “‘Code†for

short) by the accused in Crime No. 97/2021 of Kasaragod police station, registered under section 328 and 506 (i) of the Indian Penal code.

The petitioner is a young man aged 19 years. The de facto complainant, who is aged about 21 years was in love with the petitioner. However, the

family members of the victim were against the relationship. Being perturbed, the petitioner is alleged to have gone to the workplace of the victim and a

stick of “ratolâ€, a poison meant for exterminating rats, was given to her. She was asked to consume the same. She was told that the petitioner

would do away with her parents and publish her pictures in the social media if she refused. The victim took a bus and on her return journey consumed

some amount of poison. She then disclosed the incident to her sister, who took her to the nearby hospital from where she was shifted to the Amrita

Hospital. It is on these allegations that the information was furnished and the instant crime was registered

The learned counsel appearing for the applicant submits that the applicant is innocent of all the allegations. According to the learned counsel, the

applicant is aged just 19 years and when the love struck couple faced opposition from their family members of the girl, she persuaded him to put an

end to their life. One tube was handed over to the petitioner and he had also consumed the same. It is submitted that the petitioner was also admitted

to the hospital and he had to undergo treatment. However, later, at the instance of the relatives of the victim, a one sided complaint was lodged

attributing wrong doing on the petitioner. Referring to the statement of the victim, it is pointed out that though she claims that she had consumed the

poison, the victim did not even vomit once, which indicates the falsity of her complaint, according to the learned counsel. He would contend that the

young age of the applicant also be taken note of while considering the application.

The learned Public Prosecutor has very strenuously opposed the prayer. It is submitted that the records would reveal that the applicant has

administered some stupefying substance to the girl causing injury and discomfort.

I have considered the submissions and have carefully evaluated the records. It appears from the records that both the petitioner as well as the

victim had consumed poison and had to be admitted in the hospital. The victim has stated that she has been in love with the petitioner for over three

years. It does not appear from the records that any serious injuries were sustained by the victim. The petitioner is not reported to be a person with

criminal antecedents. Having considered the facts and circumstances, I am of the view that the custodial interrogation of the applicants is not

necessary for an effective investigation in the instant case.

In the result, this application will stand allowed, however, the same shall be subject to the following conditions. The applicant shall appear before the

Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on

bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order

shall be subject to the following conditions:

i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or

till final report is filed, whichever is earlier.

ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from

disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.