Rajeesh.R vs State Of Kerala

This is an application for regular bail.

2.The petitioner is the accused in Crime No.1390/2018 of Kilimanoor Police Station, Thiruvanathapuram District alleging commission of offence under Section 306 of the Indian Penal Code.

3.The allegation against the petitioner is that he entered into a relationship with the deceased Swapna on the threat of revealing her videos which he had recorded secretly. It is alleged that on account of relationship with the petitioner, the deceased was forced to leave her matrimonial home and she had committed suicide on 17.9.2018.

4.The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the brother of the deceased had given the First Information Statement in which he had clearly stated that the deceased Swapna had committed suicide on account of differences of opinion with her husband Rajesh. It is submitted that the petitioner has been in custody from 13.10.2021 and further custody of the petitioner is not required for the purpose of investigation of the case as a final report has already been filed in the matter. It is submitted that the career of the petitioner, who is a Signal Man in the Indian Army will be spoiled, if he is continued in custody.

5.The learned Public Prosecutor on instructions would submit that a suicide note written by the deceased Swapna was recovered in which she expresses her extreme love for her husband and children and clearly states that the petitioner is the one responsible for her death. It is also submitted that the nine year old son of the deceased Swapna has also given a statement before the learned Magistrate under Section 164 Cr.P.C., where again he has stated that his mother, the deceased Swapna, had stated several times that her life had been destroyed by the petitioner. A copy of the suicide note of the deceased Swapna and the 164 statement of the nine year old son of the deceased Swapna have been made available to me for perusal by the learned Public Prosecutor.

Having regard to the facts and circumstances of the case and considering the nature of allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner at present. If bail is granted to the petitioner at this stage, there is every chance of witnesses in the case being influenced or intimidated. In the result, the bail application is dismissed.