SAMHU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the sole accused in Crime No.647 of 2013 of Vallikunnam Police Station. The above crime was registered over the unnatural death of one Sooryalekshmi, aged 16 years, who committed suicide under Section 174 of the Code of Criminal Procedure (for short "the Code"). Petitioner has filed the above application seeking his release on bail under Section 439 of the Code.

(2.) THE victim namely, Sooryalekshmi committed suicide consuming cyanide poison on 11.07.2013. She was in love with petitioner, a boy from a different community, is the allegation. Crime registered as a case of unnatural death when proceeded in investigation, it is stated, revealed commission of an offence under Section 306 of the Indian Penal Code. Petitioner, lover of victim abetted in the commission of suicide by victim was the inference drawn to implicate him as the accused and proceed against for the above mentioned offence. Later, that penal section was modified as under section 305 I.P.C. since the victim was aged less than 16 years. Investigation of the crime is still in progress.

(3.) AFTER hearing the submissions made and taking note of the facts and circumstances presented, particularly, the period of detention already suffered by petitioner, I find he can be released on bail subject to conditions ensuring smooth completion of investigation and allaying the apprehension expressed by learned public prosecutor.