Navesh Kumar vs State Of Kerala
2021 Latest Caselaw 18957 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS.JUSTICE M.R.ANITHA
 FRIDAY, THE 10TH DAY OF SEPTEMBER 2021/19TH BHADRA, 1943
                     BAIL APPL. NO. 5002 OF 2021
        CRIME NO.77/2021 OF VAZHAKKAD POLICE STATION
PETITIONER/ACCUSED:

         NAVESH KUMAR
         AGED 33 YEARS
         KANAKODE KUNNUMMAL HOUSE,
         PALLIPPADY, CHEEKKODE, MALAPPURAM DISTRICT
         MALAPPURAM, PIN - 673645

         BY ADVS.
         K.MOHAMMED RAFEEQ
         AMARNATH R LAL
         P.M.MATHEW
         SANALDEV E.P.
         ASHNA SEBASTIAN


RESPONDENT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA
          ERNAKULAM, PIN - 682031

    2     STATION HOUSE OFFICER
          VAZHAKKAD POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 673645

         BY ADV.SMT.SEETHA S, PUBLIC PROSECUTOR


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.09.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL.NO.5002 OF 2021
                                   -2-



                               ORDER

Petitioner is the sole accused in crime No.77/2021 of

Vazhakkadu Police Station, which is initially registered for the

offence punishable under Sections 174 Cr.P.C. and later altered to

Section 304(B) IPC.

2. The prosecution case is that the wife of the accused

aged 23 years, committed suicide in his house on 27.04.2021 at

21.00 hours and died at Medical College Hospital, Kozhikode on the

very same day at 22.0 hours. It is alleged that it is due to the

cruelty of the accused demanding dowry from her parental house,

the wife has committed suicide.

3. When the case came up for hearing, the learned

counsel for the petitioner vehemently contend that their

relationship was so cordial and nobody has any complaint and the

mother of the deceased is presently living with him and she has

also no illwill against the petitioner. He also produced some

whatsapp message alleged to have transpired between himself and

the deceased on the near dates of the alleged incident to show

that their relationship was cordial.

BAIL APPL.NO.5002 OF 2021

4. The learned Public Prosecutor on the other hand

seriously objects in considering the petition. The Investigating

Officer has filed a report along with copy of the FIR and FIS. In

the report filed by the Investigating Officer, it has been stated that

the victim's father has given a statement regarding the dispute

between the petitioner herein and the victim and demands of

dowry at his instance and his parents. he has also given a

statement that the daughter committed suicide because of the

mental depression at the instance of the petitioner and his family

members. It is also stated that the investigation is not complete

and the presence of the accused is inevitable for collecting

evidence and more evidence has to be collected with regard to the

gold ornaments sold and pawned by the petitioner and his family.

In the said circumstances, the learned Public Prosecutor seriously

objects in considering the petition.

5. The learned counsel for the petitioner has also got a

contention that the petitioner belongs to scheduled caste

community and the deceased and family belongs to upper caste

and actually there was a criminal case filed by him against the

father's brother of the deceased and he has produced copy of the

judgment in that case as Annexure-A3 which would show that in BAIL APPL.NO.5002 OF 2021

that case, the accused persons were convicted. However, appeal is

said to be pending from that judgment. So also prima facie, it

cannot be taken to have any relevance for considering this bail

application.

In view of the serious nature of the offence alleged to have

been committed by the petitioner and the report filed by the

Investigating Officer, custodial interrogation of the petitioner will

be absolutely necessary. The release of the petitioner on pre-

arrest bail in a grievous crime will also give a bad message to the

society. In view of the serous nature of the offence alleged to

have committed by the petitioner, I am of the view that this is not

a fit case to grant pre-arrest bail to the petitioner. Accordingly, the

bail application is dismissed.

Sd/-

M.R.ANITHA JUDGE nkr