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VIPIN, AGED 28, S/O.VELAYUDHAN PILLAI versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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VIPIN, AGED 28, S/O.VELAYUDHAN PILLAI v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 2105 of 2007 [2007] RD-KL 7609 (11 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2105 of 2007()

1. VIPIN, AGED 28, S/O.VELAYUDHAN PILLAI,
... Petitioner

Vs

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

For Petitioner :SRI.KATTOOR B.GOPALAKRISHNA PILLAI

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :11/04/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 2105 OF 2007 ````````````````````````````````````````````````````

Dated this the 11th day of April, 2007

O R D E R

Petitioner, who is the husband of one July Madhu, aged 28 years, who committed suicide on 27.11.06 by hanging, seeks anticipatory bail. He is the sole accused in Crime No.287/06 of Poonthura Police Station for an offence punishable under section 498A IPC. According to the learned Public Prosecutor, a report is being filed to incorporate section 306 IPC as well.

2. The marriage between the petitioner and the deceased lady took place three years ago. A female child has been born in that wedlock. The petitioner is said to be an Area Business Manager of a pharmaceutical company. The deceased was a Software engineer.

3. Learned Public Prosecutor opposed the application submitting, inter alia, that in the suicide note the deceased has implicated her husband alone for her miseries in life. Ordinarily, a young lady, aged 28 years, will not commit suicide within three years of her marriage unless there is some valid reason for the same. Going by the letters allegedly seized by the investigating agency, the petitioner was suspected of having extra marital affairs to the extreme chagrin of the deceased and that it was unable to endure the matrimonial cruelty that she BA.2105/07 was driven to the extreme step of committing the suicide. Eventhough the deceased was in her parental home, the petitioner was also admittedly residing along with her for the past 2 years.

4. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then to have his application for regular bail considered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 18.4.2007 and 20.4.2007 for the purpose of interrogation. The petitioner shall, thereafter, be produced on the same day before the Magistrate having jurisdiction, who shall consider and dispose of the application for regular bail, if any, filed by the petitioner, preferably on the same date on which it is filed. This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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