Kerala High Court
Lineesh vs State Of Kerala on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
BAIL APPL. NO. 10109 OF 2021
CRIME NO.614/2021 OF Vellayil Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CRMC 1798/2021 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE
PETITIONER/ACCUSED:
LINEESH,
AGED 38 YEARS
S/O. VASUDEVAN, CHETTIPARAMBATH THAZHATH HOUSE,
PUTHIYANGADI P.O, KOZHIKODE DISTRICT, PIN 673 021.
BY ADV NABIL KHADER
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA-682 031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.10109/2021 2
ORDER
This is an application for regular bail.
2. The petitioner is the accused in Crime No.614/2021 of Vellayil
Police Station, Kozhikode District alleging commission of offences under
Sections 306 and 498A of the Indian Penal Code.
3. The allegation against the petitioner, in short, is that he used to
mentally and physically harass his wife (deceased) as a result of which she
committed suicide on 13.11.2021.
4. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent in the matter. It is submitted that no case
of abetment to commit suicide can be levelled against the petitioner. It is
submitted that this is not a case where the deceased had left behind any
suicide note. It is submitted that the deceased had poured kerosene on
herself and set herself on fire leading to her death. It is submitted that
though the petitioner tried to save the deceased, he was not successful. It is
submitted that the petitioner and the deceased have two minor children, who
have no one to take care of them and that the petitioner has been in custody
for 74 days as on date. It is also submitted that a final report in the matter
has been filed in the matter and the continued detention of the petitioner is
not necessary for the purposes of any investigation.
5. I have heard the learned Public Prosecutor also.
6. The learned Public Prosecutor submits that the petitioner had
instigated the deceased to commit suicide. It is submitted that the petitioner
had also prompted her to set herself on fire, following which the deceased
had set herself on fire. It is submitted that the case of the petitioner that he
attempted to save the deceased is not correct and the petitioner suffered only
a minor burn injury on his leg, which shows that he had not made any
genuine effort to save the deceased. It is submitted that the petitioner is not
entitled to be released on bail.
6. Having regard to the facts and circumstances of the case and
considering the fact that a final report has already been filed in the matter
and also considering the fact that the petitioner has been in custody for 74
days, I am of the opinion that the petitioner can be granted bail subject to
conditions.
7. 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 report before the Investigating officer in
Crime No.614/2021 of Vellayil Police Station, as and when called upon
to do so;
(iii) The petitioner shall not attempt to influence or intimidate any witness
in Crime No.614/2021 of Vellayil 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.614/2021 of Vellayil Police Station, may file an application
before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
acd
