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V.V.Renjithkumar vs State Of Kerala Represented By The on 12 July, 2007

Kerala High Court
V.V.Renjithkumar vs State Of Kerala Represented By The on 12 July, 2007
       

  

  

 
 
  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

2

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/-

B.A.No. 4190 of 2007

3

(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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