Sharan vs State Of Kerala

Gopinath P., J

Petitioner is the accused in Crime No.86/2021 of Vengara Police Station, Malappuram district alleging commission of offences under Sections 306 r/w Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act.

The allegation against the petitioner is that, the petitioner allegedly suicide of one Aryananda by commenting adversely about the dress that she had worn while attending the college day celebration. It is submitted that the petitioner and the deceased were in a relationship and the petitioner's comments had hurt the deceased so badly that she was forced to commit suicide.

The learned counsel for the petitioner submits that the allegation against the petitioner is so fanciful that it cannot be believed even for a moment. It is submitted that the petitioner had no occasion, whatsoever, to adversely comment about any attire worn by the deceased at the college day function and even if he had done so, it cannot, by any stretch of imagination, be treated as an offence under Section 306 of the IPC merely because the deceased had committed suicide. It is submitted that the petitioner has been in custody from 10.02.2022 and his continued detention is not necessary for the purposes of any investigation.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that there is clear evidence to suggest that the act of the petitioner was the most proximate cause for the death of the deceased by suicide. It is submitted that the petitioner is not entitled to be released on bail.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of allegations and being convinced that the continued detention of the petitioner is not necessary for the purposes of any investigation, I am inclined to allow this application.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.86/2021 of Vengara Police Station as and when called upon to do so.

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.86/2021 of Vengara Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.86/2021 of Vengara Police Station may file an application before the jurisdictional Court for cancellation of bail.