IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4190 of 2007()
1. V.V.RENJITHKUMAR, S/O.LATE BALAKRISHNAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.V.MADHAVAN NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4190 of 2007
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Dated this the 12th day of July, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Sections 498 A and 306 I.P.C. The wife of the
petitioner committed suicide. She set herself ablaze on 2.6.2007 and
succumbed to the burn injuries suffered by her on 8.6.2007. At the
house, at the time of the commission of the crime, there was only the
petitioner and the deceased. They are a young childless couple. The
spouses appear to have undergone treatment for infertility. The
petitioner is employed at Shimoga. He had taken his wife to
Shimoga. His mother was alone at the native place. She had returned
and the mother and the deceased were residing in the house with the
petitioner making frequent visits to the house.
2. There is absolutely no specific indications to show at the
moment that the petitioner was guilty of any culpable act of cruelty.
Of course, there is a vague allegation that the mother of the petitioner
i.e. the second accused in the case had been making attempts to blame
her for the infertility and this had caused disturbance in the mind of
B.A.No. 4190 of 2007
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the deceased. There is also an equally vague suggestion that the petitioner
used to stand by his mother when the deceased raised grievances against the
conduct of the mother. Except these, there are no allegations pointing to
any culpable or contumacious conduct on the part of the petitioner.
3. The learned counsel for the petitioner prays, the learned
Prosecutor does not seriously oppose the said prayer and I am satisfied that
the petitioner can be granted anticipatory bail, subject to appropriate
conditions. The allegation under Section 306 I.P.C. obviously will not
stand as no one has a case that the petitioner wanted to bring about the
commission of suicide by his wife. On the question of offence under
Section 498A I.P.C. a lenient view is liable to be taken in the facts of the
case.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438 Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate on
19.7.2007 at 11 a.m. The learned Magistrate shall release the petitioner on
regular bail on condition that he executes a bond for Rs.25,000/-
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(Rupees twenty five thousand only) with two solvent sureties each for the
like sum to the satisfaction of the learned Magistrate.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 4 p.m. on 20.7.07 and
21.7.2007 and thereafter on all Mondays and Fridays between 10 a.m. and
12 noon for a period of three months and subsequently as and when
directed by the Investigating Officer in writing to do so.
(c) If the petitioner does not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 19.7.07 and the
police shall be at liberty thereafter to arrest the petitioner and deal with him
in accordance with law.
(d) If the petitioner were arrested prior to his surrender on 19.7.2007
as directed in clause (1) above, he shall be released on bail on his executing
a bond for Rs.25,000/- without any surety undertaking to appear before the
learned Magistrate on 19.7.2007.
(R. BASANT)
Judge
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