Against The Order/Judgment In … vs By Adv. Sri.K.Rakesh on 25 November, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

WEDNESDAY, THE 20TH DAY OF DECEMBER 2017/29TH AGRAHAYANA, 1939

Bail Appl..No. 8463 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CRMC 1399/2017 of SESSIONS
COURT,MANJERI DATED 25-11-2017
CRIME NO. 145/2017 OF MALAPPURAM POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED:
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KRISHNADAS @ KUNHUTTAN,
S/O.NARAYANAN KUTTY,AGED 32 YEARS,MANGATTUKANDAM,
MELMURI.P.O,MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENT(S)/STATE COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031.

2. THE SUB INSPECTOR OF POLICE,
MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT,
PIN-676 505.

R BY SRI. C.K. PRASAD, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ANNIE JOHN, J.
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B.A. No. 8463 of 2017
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Dated this the 20th day of December, 2017.

ORDER

The petitioner is an accused in Crime No. 145 of 2017 of

Malappuram Police Station for offences punishable under Sections 306

and 498A IPC. The prosecution case is that on 16.04.2017, at about

14.15 hours, the wife of the petitioner named Anju committed suicide

at her residence. On 16.04.2017, at about 8 a.m., the petitioner went

to the residence of the deceased and asked her to send their 3 year

old child along with him. The deceased after giving the child to him,

committed suicide by hanging. Accordingly, FIR was registered.

2. According to the petitioner, there is no instigation on the part

of the petitioner so as to end the life of the victim and nothing has

been stated in the FI statement.

3. Heard the learned Public Prosecutor. I have perused the CD

files.

4. From the CD files, it is revealed that the petitioner has taken

the child and her ‘thali’ from her, that he has spread scandals about

her and that immediately after the incident the wife of the petitioner

committed suicide. There are materials before this Court so as to

connect the petitioner with regard to the commission of the alleged

incident and the custodial interrogation is highly required. Hence the

B.A No. 8463/2017 -2-

petitioner is not entitled to get anticipatory bail as prayed for.

The petitioner is directed to surrender before the SHO,

Malappuram Police Station on or before 26.12.2017 and after

interrogation, the petitioner shall be produced before the learned

Magistrate having jurisdiction on the same day itself. The bail

application and the custody application, if any, shall be considered and

disposed of by the learned Magistrate expeditiously.

This application is disposed of as above.

ANNIE JOHN,
JUDGE.

Rv

B.A No. 8463/2017 -3-

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