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
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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
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