Vinod v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941** ## **BAIL APPL.NO.4803 OF 2019** ## **CRIME NO.1685/2018 OF POTHENCODE POLICE STATION , THIRUVANANTHAPURAM** ## **PETITIONER/ACCUSED:** **VINOD, AGED 37 YEARS, S/O.MOHANAN NAIR, THETTICHIRA, ANDOORKONAM.P.O., POTHENCODE, THIRUVANANTHAPURAM.** **BY ADVS. SRI.G.RANJU MOHAN, SMT.M.SANTHI** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ALEXANDER THOMAS, J. ----------------------------------B.A. No. 4803 of 2019 ----------------------------------Dated this the 11[th] day of July, 2019 ## O R D E R The petitioner herein has been arrayed as the sole accused in the instant Crime No.1685/2018 of Pothencode Police Station, which has been registered for offences punishable under Secs. 498A & 306 of the IPC. Initially the abovesaid crime has been registered under Sec.174 of the Code of Criminal Procedure, 1973, on account of the unnatural death (suicide) committed by the deceased lady in this case, who is the wife of the petitioner herein. The Police after investigation has arrayed the petitioner as the sole accused in the said crime and has added the offences as per Secs.498A & 306 of the IPC. 2. The brief of the prosecution case in relation to the abovesaid crime is that, the petitioner accused and the deceased lady victim are spouses, and the deceased lady committed suicide by pouring kerosene and thus got burnt to death, and that the investigation has now revealed that a diary note has been written by the deceased before her death, in which she makes allegations B.A. No. 4803 / 2019 ..3.. that the petitioner has been constantly neglecting her, and harassing her, and that she strongly suspects that the petitioner is having affair with another lady, and that she is fed up of life because of the constant harassment and matrimonial disputes in the family, etc. In the course of investigation, the Police has also recorded the statement of the deceased lady's brother under Sec.164 of the Cr.P.C., as well as statements from parents and some other relatives, and in the statement recorded under Sec.164 of the Cr.P.C., the deceased lady's brother would state that, her sister has very frequently informed him about the acts of violence and harassment by the petitioner, and that he used to frequently harass her by saying that she lacks good education, and used to make fun of her constantly in that regard, and when the brother had intervened and requested the petitioner to settle the issues, the petitioner had even threatened him that, his wife will receive more beating from him, and that the brother may take back the petitioner's wife to her parental home. Further that the deceased lady had also told the brother that, the petitioner had once hit with a small spade (മൺവവെടട) and that he should not tell about this to B.A. No. 4803 / 2019 **==> picture [19 x 9] intentionally omitted <==** her father, and that she used to constantly telephone him, whenever she was assaulted by the husband, and that the petitioner had no love or attachment to the deceased lady, and that there were reliable information that he was with constant telephonic conversation with various ladies, and whenever his sister used to question that, she used to be beaten up and assaulted by the petitioner, and that even on the day when she had died, the lady had informed him that the petitioner is having extra marital relationship with another lady, and that the identity of the said lady should be ascertained by the brother, etc, and that according to him, the reason for the lady's death is on account of the extra martial relationship of the petitioner and the constant assaults suffered by her at the hands of the petitioner, etc. It is on this basis, the Police has now arrayed the petitioner as the sole accused in the instant crime and has added offences as per Secs. 498 A and 306 of the IPC. 3. Sri.M.Santhi, learned counsel appearing for the petitioner would point out that, when the prosecution themselves rely on a material which is alleged to be a diary note written by the B.A. No. 4803 / 2019 **==> picture [18 x 9] intentionally omitted <==** deceased lady, then the primary aspects as to whether the accused is liable for the offence of abetment to commit suicide, should be ascertained from the said diary note, and the said diary note only makes allegations about the petitioner frequently neglecting her, and about the petitioner's alleged lack of fidelity and extra marital relationship, and his lack of love and attachment to the lady, etc, and that there is not even an iota of allegations in the diary note made by the lady about any serious acts of assaults or violence, said to have been committed by the petitioner on her. Further that the main source of allegations that the petitioner has committed assaults or violence on the lady, etc, are made for the first time only by the brother of the deceased lady, and by some of her other relatives, and it is quite natural for those relatives of the deceased lady to have such grouse and give vent to their feelings by making such allegations, and the fact that no complaint whatsoever was made by the lady prior to her death about the alleged violence, assaults, etc, and in the diary note said to have been written by the lady prior to her death, there are no allegations of assaults or violence said to have been committed by the petitioner, etc, would B.A. No. 4803 / 2019 **==> picture [19 x 9] intentionally omitted <==** clearly indicate it is these violent acts which is also responsible for the suicide of the lady, etc, are all after thoughts and false allegations made by interested persons or close relatives of the deceased lady. At best, those allegations of assaults and violence could be the basis for offence under Sec.498A of the IPC, and ordinarily it is by now well established that criminal courts are quite liberal in the matter of grant of anticipatory bail in cases involving offence as per Sec.498A of the IPC. 4. Further, the counsel for the petitioner would point out that, the Apex Court and various High Courts including this Court has laid down the parameters required for fulfilling the ingredients of the offence of abetment as per Sec.107 of the IPC and the offence of abetment to commit suicide as per Sec.306 of the IPC, and that the prosecution is not even been able to establish that the petitioner has done any over tact to instigate the suicide of the deceased lady, etc. In that regard, the counsel for the petitioner places reliance on various judgments as in _**Sanju Alias Sanjay Singh Sengar v. State of M.P. [2002 SCC (Cri) 1141 = (2002) 5 SCC 371], Krishnadas P. (Dr.) (Adv.) v. State of**_ B.A. No. 4803 / 2019 ..7.. _**Kerala and Another [2017 (2) KLT 579], Gurcharan Singh v. State of Punjab [2016 (12) SCALE 414] and Harikrishnan and Another v. State of Kerala and Another [2019 (3) KHC 437].**_ 5. Per contra, learned Prosecutor would point out that, the allegations disclosed in this case are quite serious and grave, and it is indisputable that the lady committed suicide after pouring kerosene and after burning herself to death, and that the investigation in cases like this for offences as per Secs.498A, 306 of the IPC, etc, cannot merely be limited to the materials like the diary note of the deceased, and Police is having unfettered discretion to make comprehensive and indepth investigation to all facets and dimensions of this case, and that therefore placing reliance on the Sec.164 Cr.P.C. Statements and Sec.161 Statements of close relatives like the brother of the deceased, her parents, etc, cannot be said to be in any manner illegal or improper, and ordinarily these materials, which could trigger the basis for a proper and effective conduct of investigation in such cases, and the statements given by the relatives including the brother of the B.A. No. 4803 / 2019 ..8.. deceased would clearly show the series of violence and assaults suffered by the lady at the hands of the petitioner, apart from the acts of fidelity alleged by them, and that going by the nature of the allegations in this case, this Court will also have to reckon the strong element of public interest in such cases while evaluating the pleas for discretionary relief for the grant of pre-arrest bail under Sec.438 of the Cr.P.C. 6. After hearing both sides and after careful evaluation of the facts and circumstances of the case, the following directions and orders are passed. _1. The petitioner will immediately personally appear before the Investigating Officer in relation to the instant crime for interrogation purposes at any rate by 10 am on any day on or before 26.7.2019._ _2. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process._ _3. If the interrogation process is not over on a single day, it will be open to the Investigating Officer to insist that the petitioner should appear on the next available day that may be fixed by him, which the petitioner will comply._ _4. After the interrogation process is over, the Investigating Officer will produce the petitioner before the jurisdictional Magistrate Court concerned in relation to this crime, and_ B.A. No. 4803 / 2019 ..9.. _thereupon the said Court will consider and pass orders in the bail application of the petitioner on the same day of his production, and after affording reasonable opportunity of being heard to the petitioner's counsel and the learned Prosecutor, and after taking into account the facts and circumstances of the case._ With these observations and directions, the above Bail Application will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG