High Court Kerala High Court

Devasia @ Shajee vs Sub Inspector Of Police on 13 March, 2007

Kerala High Court
Devasia @ Shajee vs Sub Inspector Of Police on 13 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1199 of 2007()


1. DEVASIA @ SHAJEE,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.H.BADARUDDIN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/03/2007

 O R D E R
                           V.RAMKUMAR, J.

                            ----------------------------

                    Bail Application No. 1199/2007

                           -----------------------------

                 Dated this  13th day of March, 2007


                                 O R D E R

The petitioner, who is the accused in Crime

No.177/2006 of Kelakam Police Station for offences punishable

under Sections 498-A, 306 and 201 IPC, seeks anticipatory bail.

2. The learned Public Prosecutor opposed the

application.

3. The marriage between the petitioner and his

deceased wife took place 15 years ago and two children have

been born in that wedlock. On 4.12.2006, the petitioner’s

wife, Mini, drenched herself in kerosene and set herself

ablaze in an attempt to commit suicide. She sustained third

degree burn injuries to which she succumbed on 9.12.2007.

The occurrence took place in the matrimonial home.

4. Having regard to the facts and circumstances of the

case, even though I am not inclined to grant anticipatory bail

to the petitioner I am inclined to permit the petitioner to

surrender before the Investigating Officer for interrogation

and then to have his application for regular bail ordered by the

Magistrate concerned.

B.A.1199/2007

2

5. Accordingly the petitioner is directed to surrender

before the Investigating Officer on any day between 20.3.2007

and 22.3.2007 for the purpose of interrogation. The petitioner

shall thereafter, be produced on the same day before the

Magistrate having jurisdiction, who shall release the petitioner

on bail on appropriate conditions.

The application is disposed of as above.

V.RAMKUMAR,

JUDGE

mrcs