High Court Kerala High Court

Rajesh vs State Of Kerala on 13 July, 2007

Kerala High Court
Rajesh vs State Of Kerala on 13 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4258 of 2007()


1. RAJESH S/O GOPALAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.AYYAPPAN SANKAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :13/07/2007

 O R D E R
                                    R.BASANT, J

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                              B.A.No.4258 of 2007

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                      Dated this the 13th day of July, 2007


                                        ORDER

Application for regular bail. The petitioner has now been arrayed

as an accused in a crime registered initially under Section 174 Cr.P.C

and subsequently altered to 306 and 498A IPC.

2. The petitioner’s wife allegedly met with her death in the

house of the petitioner. The petitioner who was in the house,

submitted that she had attempted to commit suicide. She was

allegedly found in the room of the house. The petitioner allegedly

attempted to save her and took her to the hospital.

3. Explanations offered by the petitioner have been found to

be unsatisfactory. Other injuries suffered by the deceased which are

inconsistent with the explanation offered by the petitioner. The

conduct of the petitioner also does not inspire confidence.

Investigation is in progress. Investigators have not yet taken a

decision as to whether it was really a case of suicide or homicide.

Investigators may be granted some further time to complete the

investigation, before the petitioner’s application for bail is considered in

his favour. The learned Public Prosecutor submits that Investigating

Officers have suspicion about the real cause of death of the deceased.

B.A.No.4258 of 2007 2

4. Having heard the learned counsel for the petitioner in detail, I

am satisfied that the petitioner is not entitled to be released on bail at

this early stage of investigation. He was arrested and continues in

custody from 30.6.07. In a case like this, the Investigating Officer is

certainly entitled to have some further reasonable time to complete

the investigation.

5. In the result this petition is dismissed. However, I may

hasten to observe that the petitioner shall be at liberty to move this

Court again at a later stage of investigation, not at any rate, prior to

27.7.07. The Investigators, in the meantime, shall make every

endeavour to complete the investigation.

(R.BASANT, JUDGE)

sj

/TRUE COPY/

P.A.TO JUDGE