Kerala High Court
Jayakrishnan vs The State Of Kerala on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
BAIL APPL. NO. 9800 OF 2021
CRIME NO.2121/2021 OF ADOOR POLICE STATION
PETITIONER/ACCUSED:
JAYAKRISHNAN
AGED 23 YEARS
S/O. KRISHNANKUTTY, CHATHAKULAM, PORUVAZHY VADAKKU,
KOLLAM.
BY ADV SUMAN CHAKRAVARTHY
RESPONDENT/STATE:
THE STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
OTHER PRESENT:
SMT. SEETHA .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.9800 OF 2021
2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.2121/2021 of
Adoor Police Station, alleging commission of offences under Sections
354-D, 506(i) and 306 of the Indian Penal Code.
3. The allegation against the petitioner is that he was in a
relationship with the daughter of the de-facto complainant and he had
at some point threatened the daughter of the de-facto complainant that
he would reveal her pictures on social media and further that he would
pour acid on her face if she dares to get out of her house. It is alleged
that owing to the threat as aforesaid by the petitioner, the daughter of
the de-facto complainant consumed sanitizer and attempted to commit
suicide.
4. The learned counsel for the petitioner submits that the
among the offences alleged against the petitioner, only the offence
under Section 306 of the Indian Penal Code is a non-bailable offence. It
is submitted that going by the law laid down by the Supreme Court in
Satvir Singh and others vs. State of Panjab and another
(2001 (8) SCC 633), the offence under Section 306 of the Indian
BAIL APPL. NO.9800 OF 2021
Penal Code is clearly not attracted as the daughter of the de-facto
complainant only attempted to commit suicide and did not succeed in
her attempt. Specific reference is made to paragraph 7 of the aforesaid
judgment to establish that the law penalises only a person who abetted
a suicide and not a person who abetted the attempt to commit suicide.
He, therefore, submitted that even if the entire allegations are accepted
to be true, the offence under Section 306 IPC is not attracted.
5. I have heard the learned Public Prosecutor also.
6. The learned Public Prosecutor has taken me through the
statement given by the daughter of the de-facto complainant to show as
to how the petitioner driven the daughter of the de-facto complainant
to suicide. It is submitted that the allegations against the petitioner are
serious and the grant of bail, at this stage, may affect the progress of
investigation.
7. Having regard to the facts and circumstances of the case
and taking into consideration the law laid down by the Supreme Court
in Satvir Singh (supra), I am of the view that the petitioner is entitled
to anticipatory bail as prima facie, the offence under Section 306 of the
IPC is not attracted. This observation is not to be treated as a finding
by this Court on the point.
BAIL APPL. NO.9800 OF 2021
8. In the result, this bail application is allowed and it is
directed that the petitioner shall be released on bail in the event of the
arrest in connection with Crime No.2121/2021 of Adoor Police Station,
subject to the following conditions:-
(i) Petitioner shall execute a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties for the like sum to the satisfaction of the
Jurisdictional Court;
(ii) Petitioner shall appear before the investigating
officer in Crime No.2121/2021 of Adoor Police Station as
and when summoned to do so;
(iii) Petitioner shall not attempt to contact the daughter
of the de-facto complainant or to interfere with the
investigation or to influence or intimidate any witness in
Crime No.2121/2021 of Adoor Police Station;
(iv) 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.2121/2021 of Adoor Police Station may file an
application before this Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
bng/11.01.22
