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Judgment
S.S. Satheesachandran, J.—Petitioners are two among the accused (A1 and A2) in Crime No. 1187/2013 of Kottarakara Police Station. The above crime is now being investigated for the offence punishable u/s 306 read with section 34 IPC. Petitioners have filed the above application seeking their enlargement on bail u/s 439 of the Code of Criminal Procedure, for short the Code. The crime was initially registered u/s 174 of the Code of Criminal Procedure over the unnatural death of one Jayasanker, aged 24 years, who is the brother-in-law of second petitioner. On the fateful day in connection with the marriage proposal of second petitioner a visit by some relatives of the girl at the house was arranged. Second petitioner with some of his friends were present in the house. Second petitioner is alleged to have assaulted the victim questioning him for not providing maintenance to his wife. His two friends also joined him in abusing the victim and all of them exhorted him to go and die if he was incapable of taking care of his wife, is the further allegation. The victim committed suicide on account of abetment of the accused persons, his brother-in-law and two friends, is the gist of accusation. Second petitioner was arrested on 15.5.2013 and first petitioner, on 18.5.2013, and both of them on production before the Magistrate were remanded to judicial custody. Third accused is yet to be apprehended, who is stated to be remaining at large.
Continued detention of petitioners ever since their arrest is canvassed by counsel to urge for their release on bail subject to conditions as deemed fit and proper. They are totally innocent and have been falsely implicated in the crime, is the further submission of counsel.
Learned Public Prosecutor submits that witnesses involved in the crime are close relatives and if petitioners are released at this stage when investigation is continuing they are likely to influence and intimidate them. De facto complainant in the crime is a close relative of the victim and investigating agency apprehends of threat to his life if petitioners are released on bail is the further submission of Public Prosecutor.
Case Diary has been produced for my perusal. After looking into the Case Diary with reference to the submissions made, I find continued detention of petitioners is not essential for completing the investigation of crime. Apprehension expressed by investigating agency can be allayed imposing adequate conditions while releasing petitioners on bail. Petitioners are directed to be released on bail subject to the following conditions.
1) Petitioners shall execute a bond for Rs. 25,000/-each with two solvent sureties for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate-I, Kottarakara.
2) Petitioners shall report before the investigating officer once in a week on every Monday, at a time between 10.00 a.m. and 12 noon, for a period of six weeks or till final report is filed, whichever is earlier.
3) Petitioners shall not induce, intimidate or influence any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police or Court, as the case may be, and, nor do any act or make any attempt to obliterate or tamper with the evidence of the crime.
4) Petitioners shall not leave the State for a period of six months or till completion of investigation of crime, whichever is earlier, without getting prior permission from the investigating officer in writing.
Petition is allowed.