SABU AND SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are two among the accused (A1 and A2) in Crime No. 1187/2013 of Kottarakara Police Station. The above crime is now being investigated for the offence punishable under section 306 read with section 34 IPC. Petitioners have filed the above application seeking their enlargement on bail under section 439 of the Code of Criminal Procedure, for short the Code. The crime was initially registered under section 174 of the Code of Criminal Procedure over the unnatural death of one Jayasanker, aged 24 years, who is the brother-in-law of second petitioner. On the fateful day in connection with the marriage proposal of second petitioner a visit by some relatives of the girl at the house was arranged. Second petitioner with some of his friends were present in the house. Second petitioner is alleged to have assaulted the victim questioning him for not providing maintenance to his wife. His two friends also joined him in abusing the victim and all of them exhorted him to go and die if he was incapable of taking care of his wife, is the further allegation. The victim committed suicide on account of abetment of the accused persons, his brother-in-law and two friends, is the gist of accusation. Second petitioner was arrested on 15.5.2013 and first petitioner, on 18.5.2013, and both of them on production before the Magistrate were remanded to judicial custody. Third accused is yet to be apprehended, who is stated to be remaining at large.

(2.) Continued detention of petitioners ever since their arrest is canvassed by counsel to urge for their release on bail subject to conditions as deemed fit and proper. They are totally innocent and have been falsely implicated in the crime, is the further submission of counsel.

(3.) Learned Public Prosecutor submits that witnesses involved in the crime are close relatives and if petitioners are released at this stage when investigation is continuing they are likely to influence and intimidate them. De facto complainant in the crime is a close relative of the victim and investigating agency apprehends of threat to his life if petitioners are released on bail is the further submission of Public Prosecutor.