High Court Kerala High Court

Hari @ Haridas vs State Of Kerala on 26 March, 2010

Kerala High Court
Hari @ Haridas vs State Of Kerala on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1806 of 2010()


1. HARI @ HARIDAS, AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SMT.P.K.PRIYA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :26/03/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                       B.A.No.1806 of 2010
                  ---------------------------------------------
              Dated this the 26th day of March, 2010


                               O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the sole accused

in Crime No.117 of 2010 of Chandera Police Station.

2. The offence alleged against the petitioner is under

Section 306 of the Indian Penal Code.

3. The prosecution case is that on 2.3.2010, one Geetha,

aged 37 years, committed suicide. Her husband Krishnan was

conducting a textile shop. He died due to heart attack about

nine months back. There are two children born in the wedlock of

Krishnan and Geetha. The petitioner was closely moving with

the family. He is an autorickshaw driver by profession. He used

to take the autorickshaw belonging to Geetha. He was also

assisting her in the textile business.

4. The petitioner surrendered before court on 12.3.2010

and he was remanded to judicial custody.

5. The learned counsel for the petitioner submitted that

the petitioner is not at all responsible for the death of Geetha.

BA No.1806/2010 2

There is no material to connect the petitioner with the offence.

6. I have perused the case diary file and also the suicide

note of Geetha. Prima facie, I am not inclined to accept the

contention of the petitioner that there is no material to connect

the petitioner with the offence. The suicide note indicates that

the petitioner is responsible for the suicide of Geetha.

7. The investigation is in progress. If the petitioner is

released on bail at this stage, it would adversely affect the

proper investigation of the case. Deceased Krishnan had several

money transactions. The petitioner was in charge of collecting

money from various debtors. Naturally, investigation in respect

of those transactions would be required and the complicity of the

petitioner has to be ascertained. If the petitioner is released on

bail at this stage, he would be able to influence or intimidate the

witnesses and the persons who are aware of several facts.

For the aforesaid reasons, the Bail Application is dismissed.

K.T.SANKARAN,
JUDGE
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