The court ruled that the continued detention of the accused was unnecessary, granting bail based on the circumstances of the case and time served in custody.

ORDER

These bail applications are filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioners are accused 1 and 2 in Crime No.613 of 2025 of Aruvikkara Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 85, 108 and 80 of the Bharatiya Nyaya Sanhita, 2023.

3. According to the prosecution, the accused had subjected their daughter-in-law Smt.Divya to continued cruelty in connection with their demands for dowry and she committed suicide on 23.06.2025 and thereby the accused committed the offences alleged. Petitioners were arrested on 28.06.2025 and they have been in custody since then.

5. Heard Sri.J.R.Prem Navaz, the learned Counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

6. The learned counsel for the petitioners contended that the prosecution allegations are totally false and petitioners were falsely implicated as accused. It was further submitted that petitioners have been in custody from 28.06.2025 and hence they ought to be released on bail.

7. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

8. The deceased had consumed poison on 23.06.2025 and succumbed on 26.06.2025. Before she consumed poison, she had written a note indicating that her in-laws had treated her with cruelty and that even after five years of marriage, there were quarrels relating to dowry every day and that she was not given any peace of mind. However, on a perusal of the case diary, it is noticed that the quarrel, immediately preceding her death was, prima facie, related to a hen entering into the verandah of her house, which led to a minor quarrel between her and her in-laws. It is also noticed that the in-laws of the deceased are residing in a house adjacent to hers.

Though the allegations are serious, considering the circumstance that petitioners have been in custody from 28.06.2025, I am of the view that their continued detention is not necessary. Therefore, petitioners ought to be released on bail.

In the result, these bail applications are allowed on the following conditions:-

(a) Petitioners shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating OfÏcer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.