Dr. Ruvais E.A. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **FRIDAY, THE 22[ND] DAY OF DECEMBER 2023 / 1ST POUSHA, 1945** **BAIL APPL. NO. 11024 OF 2023** **CRIME NO.1662/2023 OF Medical College Police Station,** **Thiruvananthapuram** ## **PETITIONER/S:** DR.RUVAIS E.A AGED 28 YEARS S/O.ABDUL RASHEED E,, IDAYILA VEEDU, NEAR MEEN MUKKU MADRASA, KOZHIKKODE SVM P.O, KARUNAGAPPALLY, AYANIMEL KULANGARA VILLAGE, KOLLAM DISTSRICT., PIN - 690573 BY ADV NIREESH MATHEW ## **RESPONDENT/S:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 ## **OTHER PRESENT:** SRI. C.C. THOMAS (SR. ADV. ) FOR PETITIONER SRI. G. SUDHEER (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B,A No.11024/2023 -2- ## **O R D E R** The petitioner is the 1[st] accused in Crime No.1662/2023 of Medical College Police Station, Thiruvananthapuram District which has been registered alleging commission of offences under Sections 306 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 2. The allegation against the petitioner in brief is that the petitioner who is a Post Graduate Medical student at the Thiruvananthapuram Medical College had a deep relationship with one Dr. Shahna A.G (hereinafter also referred to as 'deceased' or as 'the victim') who was also a Post Graduate Medial student in the same Medical College. There was a proposal for marriage between the petitioner and the deceased. The victim had committed suicide on 04-12-2023. It is alleged that the petitioner and members of his family had demanded huge amount of dowry for finalization of the marriage between the petitioner and the deceased. It is alleged that on account of the illegal demand for dowry the deceased was driven to suicide. 3. The learned Senior Counsel appearing for the petitioner would submit that the allegations against the petitioner are totally false. It is submitted that there was a marriage proposal between families of the petitioner and the family of the deceased. It is submitted that the father of the petitioner had taken the stand that the marriage can be held after the petitioner and the deceased complete their post graduation. It is submitted B,A No.11024/2023 -3- that though the suicide note recovered from the apartment where the deceased was found dead indicates that there was demand for dowry, there is nothing to indicate that this was the sole reason which drove the deceased to suicide. He submits that this court while considering anticipatory bail application of the 2[nd] accused (father of the petitioner) had considered the law relating to Section 306 IPC and the Dowry Prohibition Act and has granted anticipatory bail to the father of the petitioner / 2[nd] accused in the case. It is submitted that the petitioner has been in judicial custody from 07-12-2023 and police custody was granted for 5 days from 11-12-2023. It is submitted that the petitioner is an extremely bright medical student who obtained rank No.76 in the Entrance Examination for the MBBS course in 2014 and substantially high rank in PG-NEET and got admission to Post Graduate Medical Course in Orthopedics in 2021. It is submitted that the petitioner as a Post Graduate Medical student had been using his professional skills for the benefit of the underprivileged and he was continuously giving clinical aid to needy persons while undergoing his post graduate course. It is submitted that there are no criminal antecedents reported against the petitioner. It is submitted that the petitioner was the President of the Post Graduate Medical Students Association and he had raised certain allegations against the Government in relation to the death of Dr. Vandana, who was killed owing to attack by a prisoner brought to the hospital where she was working. It is B,A No.11024/2023 -4- submitted that owing to the same the petitioner has been falsely implicated by the police. It is submitted that continued detention of the petitioner is not necessary and the petitioner will be put to grave prejudice if he is not allowed to continue his course. It is submitted that though the petitioner is presently under suspension it is likely that the petitioner will be reinstated into the course shortly. 4. The learned Public Prosecutor vehementally opposes the grant of bail. It is submitted that there are very serious allegations against the petitioner as was observed by this court while granting anticipatory bail to the 2[nd] respondent / father of the petitioner. It is submitted that there are clear indications in the suicide note recovered by the police that it is the attitude of the petitioner that drove the deceased to suicide. It is submitted that during the course of investigation, materials have been recovered to suggest that the petitioner had visited various places with the deceased. It is submitted that the deceased was driven to suicide as the petitioner had withdrawn from the promise of marriage by stating that unless a huge dowry is paid, the marriage between the petitioner and the deceased cannot be solemnized. The learned Public Prosecutor also pointed out (on the basis of instructions from the Principal of the Government Medical College, Thiruvananthapuram) that the question as to whether the petitioner can be reinstated to undergo his course is a matter to be considered by the Disciplinary Committee in consultation B,A No.11024/2023 -5- with the Department of Health, Government of Kerala and the Kerala University of Health Sciences. It is pointed out that the case put forth by the petitioner that he may be released from detention so as to enable him to continue his studies is therefore not a ground to grant bail to the petitioner as a decision whether the petitioner can be permitted to continue the course or not is yet to be taken. It is submitted that this is a case where a bright medical student lost her life only on account of the unreasonable demand for dowry made by the petitioner and his family members and therefore the petitioner cannot be granted bail at this point of time. 5. Having heard the learned Senior Counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions. The petitioner has been in custody from 07-12-2023. The allegations against the petitioner are no doubt serious. I have also observed while granting bail to the 2[nd] accused in the case that there are clear allegations against the petitioner in the suicide note recovered from the apartment where the deceased was staying. However as rightly pointed by the learned Senior Counsel appearing for the petitioner, a conviction under Section 306 IPC can be sustained only if there are clear indications that the petitioner had the _mens rea_ to drive the deceased to suicide and the actions of the petitioner had left the deceased with no option but to commit suicide (see decisions of the Supreme Court in _**Amalendu**_ B,A No.11024/2023 -6- _**Pal v. State of West Bengal; (2010) 1 SCC 707, Gangula Mohan Reddy v. State of Andhra Pradesh; (2010) 1 SCC 750, Rajesh v. State of Haryana; 2019(1) KLD 326(SC)**_ and _**Mohit Singhal v. State of Uttarakhand; 2023 KHC OnLine 7246**_ ). The continued detention of the petitioner does not appear to be necessary for the purposes of investigation. Therefore this bail application is allowed and it is directed that the petitioner shall be released on bail, subject to the following conditions:- - (i) The petitioner shall execute 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.1662/2023 of Medical College Police Station, Thiruvananthapuram 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.1662/2023 of Medical College Police Station, Thiruvananthapuram; - (iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail; B,A No.11024/2023 -7- - (v) 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.1662/2023 of Medical College Police Station, Thiruvananthapuram may file an application before the jurisdictional Court for cancellation of bail. It is made clear that the grant of bail to the petitioner shall not be seen an entitlement of the petitioner to claim reinstatement to his course and the same shall be decided only in accordance with the regulations applicable to the situations in that regard. No observation in this order shall be treated as a finding by this court on any point. Those observations are made only to consider the petitioner's entitlement for bail. Sd/- **GOPINATH P. JUDGE** AMG B,A No.11024/2023 -8- ## **APPENDIX OF BAIL APPL. 11024/2023** PETITIONER ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1662/2023 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM CITY Annexure 2 TRUE PHOTOCOPY OF THE REMAND REPORT DATED 07.12.2023 Annexure 3 TRUE PHOTOCOPY OF THE ORDER DATED 08.12.2023 IN CMP.NO.3283/2023 PASSED BY THE ADDL. CHIEF JUDL. MAGISTRATE COURT, THIRUVANANTHAPURAM