IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 3412 of 2010() ---------------------------------------- CRIME NO.71/2010 OF KANAKAKKUNNU POLICE STATION, ALAPPUZHA ....... PETITIONER(S):ACCUSED ------------------------------ BINU, AGED 26 YEARS, S/O.SUDHANI, MADATHIL VEEDU, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): COMPLAINANT ------------------------- 1. SUB INSPECTOR OF POLICE KANAKAKKUNNU POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3412 of 2010 ------------------------------------ Dated this the 11th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 306 and 376 of the Indian Penal Code and Section 3(2)(v) or SC/ST Prevention of Atrocities Act. According to prosecution, one Manju aged 24 years committed suicide on 09.03.2010 by hanging. She had written a suicide note stating that petitioner is responsible for the death. They were in love with each other for a long time and she had sexual intercourse with him on several occasions on the promise to marry. But after petitioner returned from gulf he decided to marry another women and hence she committed suicide. 3. The crime was registered on 09.03.2010. Petitioner surrendered before the Magistrate Court on 03.05.2010 and he is in custody for the past 38 days. Learned counsel for Petitioner submitted that petitioner and the deceased Manju were in love with each other and they continued the relationship even while he was working in gulf country. However, when he returned B.A. No. 3412 of 2010 2 from gulf, he came to know from the deceased Manju himself that she was in love with another person and they eloped and they lived together as husband and wife for a period of three months. Hence, the relationship was broken and petitioner is decided to marry another woman. But before his marriage, she committed suicide stating that the petitioner broke his promise to marry etc. 5. It is pointed out that in the suicide note itself she had referred that she committed a “mistake”. This is with reference to the relationship with another man. In fact, she had given a complaint against that person and crime was also registered as crime No. 289/2008 of the Kanakakunnu Police Station. In the F.I. Statement given by the deceased Manju herself, (who was aged 24 years at that time) she had stated that she had left the house with one Shyam Kumar and lived together with him as husband and wife for three months. 6. On hearing both sides, on considering the various facts and circumstances and on going through the F.I. Statement and Crime No. 289/2008 and stage of investigation, I do not find it B.A. No. 3412 of 2010 3 necessary to detain the petitioner in jail any further. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln