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2013 DIGILAW 1069 (KER)

Sibi Thomas v. State of Kerala

2013-12-03

P.BHAVADASAN

body2013
Judgment : 1. The petitioner is the sole accused in Crime No. 1474 of 2013 of Mannarkkadu Police Station who is alleged to have committed the offence under Section 306 of IPC. 2. The allegation against the petitioner is that he who helped his niece while her husband met with an accident and is suffering from serious illness, demanded the money he spent for that purpose when she received compensation from the Motor Accidents Claims Tribunal which led her to commit suicide. 3. The petitioner would say that he has not committed any act which would constitute an offence and he has been falsely implicated with ulterior motive. Even going by the allegations against the petitioner, it is only that he demanded the money which he had extended for the treatment of the husband of the victim when they were in financial difficulty. That cannot, by any stretch of imagination, treat as an instigation to commit suicide. At any rate, it is pointed out that he has been in custody from 12.11.2013 onwards and his continued custody is unnecessary. 4. The learned Public Prosecutor only pointed out that the investigation is going on. 5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, there seems to be some force in the contentions raised by the learned counsel for the petitioner. Whatever that be, a deeper probe into the veracity of the allegations is not warranted at this point of time. The fact remains that the petitioner has been in custody from 12.11.2013 onwards and a good part of the investigation must have been completed by now. His continued custody appears to be unnecessary. The petition is allowed as follows: i) The petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law.