IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2073 of 2010()
1. T.B.MADHUSOODHANAN, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/05/2010
O R D E R
K. HEMA, J
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B.A.No.2073 OF 2010
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Dated this the 21st day of May, 2010
O R D E R
This is a petition for anticipatory bail.
2. The alleged offence is under section 306 IPC.
According to prosecution, one Shaju committed suicide on
15.3.2010 by hanging after leaving a suicide note that one
Madhu is responsible for his death etc. On investigation,
petitioner is identified as the said “Madhu”.
3. Learned counsel for the petitioner submitted that the
deceased is an employee of the petitioner who is having a
construction company. Petitioner is not in the habit of giving
money for interest but Rs.10,000/- was taken by the
deceased as loan from the company. Petitioner had not
given any cause for the deceased to commit suicide. The
petitioner’s name is Madhusoodhanan and not Madhu. Even
if the entire allegations of the prosecution are accepted,
offence under section 306 IPC.,will not attract, it is
submitted.
B.A. No.2073/2010 2
4. This petition is strongly opposed. Learned
public prosecutor submitted that suicide note was seized
and petitioner is implicated as “Madhu” and investigation is
in progress. The investigation is in progress. It is to be
ascertained whether any document is executed in
connection with the transaction of Rs.10,000/-. Petitioner is
required for interrogation and this is not a fit case to grant
anticipatory bail, it is submitted.
5. On hearing both sides and perusing the case diary
and considering the facts and circumstances of the case
I find that this is not a fit case to exercise jurisdiction u/s.438
of the court to grant anticipatory bail.
6. I am not going into the question whether offence
u/s 306 IPC. will be attracted or not, at this early stage of
investigation. Petitioner is bound to surrender before the
investigating officer and co-operate with the investigation.
Hence, the following order is passed:
i) Petitioner shall surrender before the
investigating officer or Magistrate court
B.A. No.2073/2010 3
concerned without any delay and co-
operate with the investigation.
ii) Whether he surrenders or not the police
is at liberty to proceed against the
petitioner.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.