SUJATHMON K.P @ SUJATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 1st accused in Crime No.224 of 2017 of the Bekal Police Station registered under Sections 498A and 306 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate-II, Hosdurg on 18.8.2017 The petitioner has been in judicial custody since 18.8.2017.

(2.) This crime relates to the commission of suicide by the petitioner's wife Preena. She was married by the petitioner on 21.4.2015 and she committed suicide on 10.4.2017. The prosecution would allege that she had been mentally and physically ill-treated by her husband and the parents-in-law, and Preena committed suicide when she felt the acts of cruelty unbearable.

(3.) On a perusal of the entire materials including the statements given by the parents of the deceased, I find nothing definite against the petitioner. The F.I Statement given by the paternal uncle of the deceased does not contain any allegation against the petitioner or his parents. It appears that the prosecution is mainly on the statements given by the parents of the deceased. Their statements are also practically against the parents-in-law of the deceased, and not against the husband of the deceased. The parents of the deceased are consistent that she was not allowed by her parents-in-law to live at the matrimonial home peacefully and happily. If at all that statement is true and acceptable, the prosecution case must be against the parents-in-law, and not against the husband.