ANOOP K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant has been arrayed as the sole accused in the instant Crime No.238/2019 of Kodencheri Police Station, Kozhikode, which has been registered for offences punishable under Sec.306 of the IPC and Sec.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecution case in short is that, the appellant accused does not belong to Scheduled Caste community, and that he was having love affair with the lady victim in this case, who is a member of the Scheduled Caste (Pulaya) community, and that he had sexual relationship with her and she became pregnant and was subjected to abortion, and later the appellant accused had lost interest to marry her and neglected her, and out of said disappointment in the acts of the appellant in breaching his promise to marry her, the lady victim has committed suicide by hanging in her house on 22.8.2019. The appellant has been arrested on 29.8.2019 and after remand, has been under custody.

(3.) The counsel for the appellant accused would point out that the abovesaid allegations are false and baseless, and that as a matter of fact the appellant was always willing to marry the lady victim, but her family members stiffly opposed the marriage proposal, and therefore the appellant was not in a position to immediately marry her, and that the abovesaid allegations that the appellant accused has instigated the lady defacto complainant to commit suicide is absolutely false and untenable. Further that, the appellant's sister's marriage is now fixed, and is being conducted without any further delay, and the family members are eagerly awaiting for the appellant's release, so that the marriage of his sister could be solemnized immediately thereafter. Further that, the appellant accused is working as a Floor Manager in LuLu Mall, Ernakulam, and that the petitioner will undertake that he will not enter into or reside anywhere within the territorial limits of the Police Station, within whose limits where the scene of occurrence is located until the conclusion of investigation process without the permission of the Investigating Officer, in order to alleviate any apprehension of the prosecution, that the petitioner will influence the witnesses, etc. Further it is pointed out that, almost all the witnesses in this case are in Kodenchery, Kozhikode district, etc. In the light of these aspects, Sri.K.K.Jayaraj Nambiar, learned counsel appearing for the appellant accused would plead that the further detention of the appellant accused is no longer necessary, and that this Court may order to release him on regular bail subject to any stringent conditions.